BNS Section 325: Mischief by Killing or Maiming Animal

Definition of BNS Section 325

Section 325 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

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.

Explanation and Illustration of Section 325

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of mischief by killing animal. Let us break down the section to get a better understanding of it.

• Offence

  As defined in Section 324, any act of mischief that leads to loss or damage of property belonging to anyone or cause injury or death to any person shall amount to a criminal offence.
  
  Under this section, the same definition is applicable, albeit with animals. In other words, any act of mischief that involves:
  
  killing any animal
  poisoning any animal
  maiming any animal
  rendering useless any animal
  
  shall be considered an offence under the provisions of this section.

• Punishment

  Any person found guilty of committing mischief by causing any kind of physical or mental harm to any animal shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.

• The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

• Illustration

  A deliberately bursts crackers outside an animal shelter to scare the animals. A is an offender under the provisions of Section 325.

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