Section 325 BNS: Mischief by killing or maiming animal
Bharatiya Nyaya Sanhita, 2023
Section 325 BNS at a Glance
Section 325 BNS deals with mischief by killing or maiming animal. It is bailable and cognizable, triable by any Magistrate; it replaced Section 428 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to five years.
Section 325 BNS Bare Act Text
325. Mischief by killing or maiming animal of the value of ten rupees
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: Section 325, Bharatiya Nyaya Sanhita, 2023
Section 325 BNS in Simple Words
Section 325 of the Bharatiya Nyaya Sanhita (BNS) deals with mischief committed by killing, poisoning, maiming, or rendering useless any animal. In simple terms, if a person intentionally or knowingly causes wrongful loss or damage by harming an animal in any of these ways, this section applies regardless of the monetary value of the animal. The law is aimed at punishing deliberate harm, not accidental injury.
The animal can be livestock, cattle, a pet, or any other animal, as Section 325 BNS does not require any minimum value. In practice, this section matters in cases involving livestock disputes, retaliation against neighbours, or deliberate cruelty that causes wrongful loss. It gives the police and courts a clear criminal remedy punishable with up to five years imprisonment, or fine, or both.
Ingredients of Section 325 BNS
- Commission of mischief by killing, poisoning, maiming or rendering useless any animal
- No minimum value of the animal is required under Section 325 BNS
- Punishment under Section 325 BNS of imprisonment of either description for up to five years, or with fine, or with both
Punishment Under Section 325 BNS
Imprisonment of either description for a term which may extend to five years.
The court may impose fine alone, or fine in addition to imprisonment.
Mischief by killing, poisoning, maiming or rendering useless any animal carries imprisonment of either description up to five years, or fine, or both.
Example of Section 325 BNS
When Section 325 BNS Does Not Apply
- The animal was not killed, poisoned, maimed, or rendered useless
- The death or injury to the animal was purely accidental, without any intention or knowledge of causing wrongful loss or damage
- The accused neither intended nor knew that he was likely to cause wrongful loss or damage to the public or to any person
Section 325 BNS in the IPC (Previous Law)
Section 325 BNS replaces Section 428 IPC from the old criminal code.
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.
View IPC Section 428 →FAQs on Section 325 BNS
Does Section 325 BNS apply if the animal dies by accident?▼
No. This section requires intentional mischief, meaning the act must be done with the intention or knowledge of causing wrongful loss or damage. A pure accident does not satisfy the legal ingredients.
Under Section 325 BNS, what if the animal was worth less than ten rupees?▼
Section 325 BNS still applies. Unlike the old law, Section 325 BNS removes all monetary value thresholds and covers any animal regardless of its value.
Is the offence under Section 325 BNS bailable?▼
Yes, it is a bailable offence. That means the accused can generally secure bail as of right, subject to the normal legal process.
What is the current law for the offence under Section 325 BNS?▼
Section 325 of the Bharatiya Nyaya Sanhita (BNS), 2023 is the current law in force. It consolidates the earlier animal mischief provisions into a single offence covering any animal and punishable with imprisonment of either description for up to five years, or with fine, or with both.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·