IPC 428→BNS 325

IPC 428 to BNS 325: Mischief by killing or maiming animal of the value of ten rupees

Section 428 IPC (1860) replaced by Section 325 BNS (2023)

View IPC Section 428 →View BNS Section 325 →

IPC 428 to BNS 325 at a Glance

Section 428 IPC (Mischief by killing or maiming animal of the value of ten rupees) is now Section 325 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 428 to BNS 325?

Section 428 IPC and Section 429 IPC are merged into Section 325 BNS. Section 325 BNS covers any animal, without any reference to its value, and punishes the offence with imprisonment of either description for up to five years, or fine, or both. The maximum term for the conduct covered by Section 428 IPC therefore rises from two years to five years.

IPC 428 vs BNS 325: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section428325
OffenceMischief by killing or maiming animal of the value of ten rupeesSame
PunishmentImprisonment of either description for a term which may extend to two years.Imprisonment of either description for a term which may extend to five years.
FineThe court may impose fine alone, or fine in addition to imprisonment.Same
BailBailableSame
CognizanceCognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 428 and BNS 325: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 428, IPC 1860

428. Mischief by killing or maiming animal of the value of ten rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of the ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNS 2023 (in force)

Section 325, BNS 2023

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.

Ingredients: IPC 428 vs BNS 325

Under IPC 428
  1. The accused committed mischief as defined in Section 425 IPC
  2. The mischief was committed by killing, poisoning, maiming or rendering useless an animal or animals
  3. The animal or animals were of the value of ten rupees or upwards
Under BNS 325
  1. Commission of mischief by killing, poisoning, maiming or rendering useless any animal
  2. No minimum value of the animal is required under Section 325 BNS
  3. Punishment under Section 325 BNS of imprisonment of either description for up to five years, or with fine, or with both

What IPC 428 to BNS 325 Means for Pending Cases

For Section 428 IPC (now Section 325 BNS): under Section 325 BNS, killing or maiming any animal by mischief carries up to five years, whatever the value of the animal. A charge for an act done after the BNS came into force cites Section 325 BNS.

FAQs: IPC 428 to BNS 325

What changed from Section 428 IPC to Section 325 BNS?▼

Section 325 BNS removes the value of ten rupees, so it covers any animal, and raises the maximum imprisonment from two years to five years.

Where does Section 428 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 428 IPC is located at Section 325 BNS, in Chapter XVII, Of Offences Against Property, under the heading Of mischief.

Does Section 428 IPC or Section 325 BNS apply to an act done before 1 July 2024?▼

Section 428 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 428 IPC. Section 325 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·