IPC 47 vs BNS 47
● Retained in BNSDefinition of “Animal”
Section 47 of the Indian Penal Code (IPC), 1860, defines the word “animal.” It states that “animal” denotes any living creature other than a human being. This definition is important because the IPC contains provisions where offences may relate to animals, such as mischief by killing or maiming animals (Section 428, 429).
By expressly excluding human beings from the definition of animals, the IPC ensures that crimes against human life and crimes against animals are treated separately. While human life is protected under provisions relating to homicide (Sections 299–304), animals are protected under property and mischief-related provisions. For example, if someone kills or harms a dog, cow, or horse, the act is punishable under IPC provisions concerning mischief to animals, not under the homicide provisions.
This definition also helps maintain clarity in interpreting offences involving property damage. Since animals are considered property in law, harm to them is treated as injury to property rather than homicide. Thus, IPC 47 creates a distinct category for animals and provides a basis for punishing cruelty or harm caused to them under specific provisions.
Definition of “Animal”
Section 47 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the same definition of “animal” as IPC 47. It states that “animal” refers to any living creature other than a human being. The wording remains unchanged, ensuring continuity between the IPC and BNS.
This definition plays an important role because the BNS, like the IPC, has provisions relating to harm caused to animals. For instance, mischief by killing or maiming animals continues to be an offence under the new code. By defining animals as “any living creature other than a human being,” the BNS keeps the line clear between crimes against humans and those against animals.
The section also supports the idea that while the protection of human life remains the primary focus of criminal law, the law also recognizes the need to punish cruelty towards animals. Even though separate legislations like the Prevention of Cruelty to Animals Act, 1960 exist, the BNS provisions ensure that acts like poisoning, maiming, or killing animals without justification attract criminal liability.
Thus, BNS 47 continues the established approach, confirming that animals are legally distinct from human beings while still enjoying protection against unlawful harm.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 47 to BNS BNS 47.