Section 428 IPC: Mischief by killing or maiming animal of the value of ten rupees

Indian Penal Code, 1860

Section 428 IPC at a Glance

Section 428 IPC deals with mischief by killing or maiming animal of the value of ten rupees. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 325 BNS.

Punishment

Imprisonment of either description for a term which may extend to two years.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 325 →

Section 428 IPC Bare Act Text

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.

Source: Section 428, Indian Penal Code, 1860

Section 428 IPC in Simple Words

Section 428 of the Indian Penal Code (IPC) punishes mischief committed by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards. The punishment is imprisonment of either description for a term which may extend to two years, or fine, or both.

Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is cognizable, bailable, and triable by any Magistrate. The owner of the animal may compound the offence without the permission of the court under Section 320(1) CrPC.

Ingredients of Section 428 IPC

  • The accused committed mischief as defined in Section 425 IPC
  • The mischief was committed by killing, poisoning, maiming or rendering useless an animal or animals
  • The animal or animals were of the value of ten rupees or upwards

Punishment Under Section 428 IPC

Imprisonment

Imprisonment of either description for a term which may extend to two years.

Fine

The court may impose fine alone, or fine in addition to imprisonment.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Mischief by killing, poisoning, maiming or rendering useless an animal of the value of ten rupees or upwards carries imprisonment of either description up to two years, or fine, or both.

Example of Section 428 IPC

In 2020 in Guwahati, Sohan had a quarrel with his neighbour Devika because her poultry wandered near his courtyard. That afternoon, Sohan struck Devika's hen with a heavy wooden club and killed it on the spot. The hen was valued at forty rupees. Sohan acted with the intention of causing wrongful loss to Devika by killing her animal. Because Sohan committed mischief by killing an animal of the value of ten rupees or upwards, Sohan is punishable under Section 428 IPC.

When Section 428 IPC Does Not Apply

  • The animal or animals killed, poisoned, maimed, or rendered useless had a value of less than ten rupees.
  • The animal was not killed, poisoned, maimed, or rendered useless by the act.
  • The offence involved an elephant, camel, horse, mule, buffalo, bull, cow, or ox of any value, or another animal worth fifty rupees or upwards, which is covered by Section 429 IPC.
  • The person acted without intending to cause wrongful loss or damage and without knowing that such loss or damage was likely.

Section 428 IPC in the BNS

Section 428 IPC is now covered under Section 325 BNS.

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 detailed comparison (IPC 428 vs BNS 325) →

FAQs on Section 428 IPC

What does Section 428 IPC punish?▼

Section 428 IPC punishes mischief by killing, poisoning, maiming or rendering useless an animal or animals worth ten rupees or upwards.

What is the punishment prescribed under Section 428 IPC?▼

The prescribed punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Is Section 428 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 428 IPC is cognizable and bailable, triable by any Magistrate.

Can an offence under Section 428 IPC be compounded?▼

Yes. The owner of the animal may compound it under Section 320(1) CrPC without the permission of the court.

How does Section 428 IPC differ from Section 429 IPC?▼

Section 429 IPC covers an elephant, camel, horse, mule, buffalo, bull, cow or ox of any value, and any other animal of the value of fifty rupees or upwards, with imprisonment of up to five years.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·