IPC 428 vs BNS 428
● Retained in BNSMischief by killing or maiming animal of the value of ten rupees
Section 428 of the Indian Penal Code, 1860, deals with acts of mischief by killing, poisoning, maiming, or rendering useless any animal valued at ten rupees or more. This provision highlights the law’s concern for both animal welfare and property rights since animals were historically regarded as both companions and sources of livelihood.
Key features:
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Covers intentional acts of cruelty leading to the death or harm of an animal.
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The value threshold is ten rupees or more.
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Punishment: Imprisonment up to 2 years, or fine, or both.
For example, if a person deliberately poisons cattle, injures a dog, or harms a valuable pet causing its death or disability, it would amount to an offence under IPC 428. This law ensures that acts of cruelty causing financial and emotional harm are strictly punishable, reflecting the seriousness of interfering with animals that are often crucial for livelihood and companionship.
Mischief by killing or maiming animal of the value of ten rupees
Section 428 of the Bharatiya Nyaya Sanhita, 2023, retains the same provision as IPC 428. It criminalizes the act of intentionally killing, maiming, poisoning, or rendering useless any animal worth ten rupees or more. The purpose remains to protect both animal welfare and property rights of owners.
Key features:
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Offence applies where an animal’s value is Rs. 10 or more.
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Punishment: Imprisonment up to 2 years, or fine, or both.
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Focuses on deterring cruelty against animals and ensuring accountability.
For instance, if a person injures a farmer’s cow, harms a horse used for transport, or kills a domestic pet causing loss to its owner, it falls under BNS 428. The law signifies that malicious acts against animals are socially harmful and carry legal consequences.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 428 to BNS BNS 428.