IPC 435 vs BNS 435
● Retained in BNSMischief by killing or maiming animals to cause damage to the owner or public
Section 435 of the Indian Penal Code, 1860, deals with mischief caused by killing, poisoning, maiming, or rendering useless any animal with the intent to cause damage to the owner or public. This section is significant because it protects both livelihood and public interest, recognizing the economic and social importance of animals.
Key points:
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Applies when an animal is harmed with intent to cause loss or damage.
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Punishment: Imprisonment up to 2 years, or fine, or both.
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Ensures accountability for malicious acts affecting property and public welfare.
For example, if a person poisons a farmer’s bull to disrupt agricultural work or harms public animals like municipal horses used for transportation, it constitutes an offence under IPC 435. This provision safeguards livelihoods, public interest, and property rights, deterring malicious acts against animals.
Mischief by killing or maiming animals to cause damage to the owner or public
Section 435 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 435, punishing individuals who intentionally harm animals to cause damage to the owner or public. The provision ensures continuity in protection for both private property and public welfare.
Key points:
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Covers acts where animals are killed, poisoned, or maimed intentionally.
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Punishment: Imprisonment up to 2 years, or fine, or both, same as IPC.
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Maintains deterrence against malicious acts impacting livelihood or public interest.
For instance, harming animals that are essential for farming, transport, or public services falls under BNS 435. This provision aligns with IPC 435 to protect both property and social interests from harmful acts against animals.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 435 to BNS BNS 435.