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Bharatiya Nyaya Sanhita, 2023 Chapter XVII · Of Offences Against Property
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Bharatiya Nyaya Sanhita, 2023 — Section 325

Mischief by Killing or Maiming Animal

Section 325 punishes mischief committed by killing, poisoning, maiming or rendering useless any animal. The punishment is imprisonment of up to five years, or fine, or both, and the section applies to any animal, whatever its kind or value. It replaces two sections of the old Indian Penal Code, 1860 (Sections 428 and 429), which depended on the value or the kind of animal.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 325 is marked as changed in the concordance: it draws on two sections of the old Indian Penal Code, 1860 and folds them into one provision:

BNS 325CoversIPC, 1860 equivalentCategory
325Mischief by killing, poisoning, maiming or rendering useless any animalS.428 “Mischief by killing or maiming animal of the value of ten rupees”; S.429 “Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees”Substantively changed

A word-by-word comparison of the bare text of BNS Section 325 against IPC Sections 428 and 429 shows the following. Structurally, two IPC sections (428 and 429) are merged into this one section; substantively, the scope and the punishment change, as follows. IPC Section 428 applied to killing, poisoning, maiming or rendering useless an animal “of the value of the ten rupees or upwards” and carried imprisonment of either description for up to two years, or fine, or both. IPC Section 429 applied where the animal was an elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever its value, or any other animal of the value of fifty rupees or upwards, and carried imprisonment of either description for up to five years, or fine, or both. BNS Section 325 removes both the value thresholds and the list of named animals: it applies to “any animal” and carries a single punishment of up to five years, or fine, or both. The four ways of committing the mischief (killing, poisoning, maiming or rendering useless) and the kind of punishment (imprisonment of either description, or fine, or both) are the same. The IPC sections also carry small printing differences in wording (for example “imprisonment or either description” in Section 429 and “any animals or animal” in Section 428), which this page treats as printing variations.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Punishment (First Schedule wording): “Imprisonment for 5 years, or fine, or both.” The statute’s own clause fixes the maximum term ("a term which may extend to five years").
Cognizable · Bailable · compoundable by the owner of the animal, without the court’s permission (BNSS S.359(1)) · triable by a Magistrate of the first class. (In the First Schedule, “Magistrate of the first class” does not include Executive Magistrates.)

Statutory Text (Verbatim)

Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

Section 325 takes the definition of mischief in Section 324(1) and attaches its own, separate punishment when the mischief is done “by killing, poisoning, maiming or rendering useless any animal”. The ingredients of Section 324(1) therefore have to be present — an intent to cause, or knowledge that he is likely to cause, wrongful loss or damage to the public or to any person, together with the destruction of, or injurious change in, the property — and the property affected must be an animal, harmed in one of four listed ways. Section 2(2) defines “animal” as “any living creature, other than a human being”, so the section is not limited to livestock, pets or animals of a stated kind; and the text names no minimum value. The four ways of committing the offence are listed side by side: killing, poisoning, maiming, and rendering useless. Poisoning is therefore named as a mode in its own right, alongside killing, and an animal that is maimed or rendered useless without dying is within the words.

The section stands apart from the general tiers in Section 324, which are graded by the kind of property or by the amount of loss. Section 325 does not refer to the amount of loss at all: the offence is defined by what is done to an animal, and the punishment is imprisonment of either description for up to five years, or fine, or both. Under Section 4(c), imprisonment of either description means either rigorous or simple imprisonment, and the section states no minimum term and no maximum amount of fine. Under the BNSS First Schedule the offence is cognizable, bailable and triable by a Magistrate of the first class, and the table in BNSS Section 359(1) lists it as compoundable, without the Court’s permission, by the owner of the animal. The old IPC handled this conduct through two sections (Sections 428 and 429) that used value thresholds and a list of named animals to sort cases into a two-year and a five-year punishment; as the concordance section above shows, Section 325 replaces both with a single five-year ceiling.

Illustration (Lexovia's Own Example)
Vinod runs a dairy and is bitter that a rival dairy owner, Suresh, is taking away his customers. Late one night Vinod mixes a pesticide into the feed trough where Suresh’s three milch buffaloes are kept, intending to cause Suresh wrongful loss. Two of the buffaloes die, and the third survives but is left too weak ever to give milk again. Vinod has committed mischief by poisoning animals, killing two of them and rendering the third useless, so Section 325 applies to him: imprisonment of either description for up to five years, or fine, or both. The section states no value threshold, so what the buffaloes were worth is not a condition of the offence; and Suresh, as the owner of the animals, is the person the compounding table in BNSS Section 359(1) names as able to compound the offence.
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Related / Cross-Referenced Sections

FAQs

What is the punishment under BNS Section 325?

Imprisonment of either description (simple or rigorous) for a term which may extend to five years, or fine, or both. The section does not fix the amount of the fine.

Is Section 325 bailable, and which court tries it?

Under the First Schedule to the BNSS it is cognizable and bailable, and triable by a Magistrate of the first class. BNSS Section 359(1) lists it as compoundable, without the Court’s permission, by the owner of the animal.

Does the animal have to be a domestic animal, or have a minimum value?

No. Section 2(2) defines “animal” as any living creature, other than a human being, and Section 325 refers to “any animal” without any value threshold or list of named animals. The old IPC did have both: Section 428 applied to an animal of the value of ten rupees or upwards, and Section 429 named particular animals or set a threshold of fifty rupees.

Does the animal have to die?

No. The section lists four ways of committing the offence: killing, poisoning, maiming or rendering useless. An animal that is maimed or rendered useless, but survives, falls within the words of the section.

Is every case of killing an animal punishable under Section 325?

Section 325 applies where the person “commits mischief” by one of the four listed means, so the definition of mischief in Section 324(1) must be met: the offender must have acted with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person.

What has changed from IPC Sections 428 and 429?

The value thresholds (ten rupees and fifty rupees) and the list of named animals (elephant, camel, horse, mule, buffalo, bull, cow or ox) no longer appear, and the section carries one punishment of up to five years, or fine, or both, instead of two different ceilings (two years and five years).

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