IPC 438 vs BNS 438 – Mischief by Killing or Maiming Animals
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 438
Mischief by killing or maiming animals with intent to cause damage to the owner or public
About IPC Section
Section 438 of the Indian Penal Code, 1860, deals with mischief committed by killing, maiming, or poisoning animals with the intent to cause damage to the owner or public. This section safeguards livelihoods, property, and public welfare, especially in agricultural and rural contexts where animals are essential for work and transport.
Key points:
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Applies to acts where animals are harmed to cause loss to the owner or public.
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Punishment: Imprisonment up to 2 years, or fine, or both.
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Ensures accountability for malicious acts affecting both private and public interests.
For example, if a person poisons a farmer’s ox to disrupt farming or harms animals used in public transportation, it falls under IPC 438. This provision highlights that intentional harm to animals for causing loss is a punishable offence, reinforcing protection of property and economic interests.
Section: BNS 438
Mischief by killing or maiming animals with intent to cause damage to the owner or public
About BNS Section
Section 438 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 438. It punishes acts where a person intentionally kills, maims, or poisons animals to cause damage to the owner or public, ensuring consistency in legal protection.
Key points:
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Covers intentional harm to animals affecting livelihoods or public property.
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Punishment: Imprisonment up to 2 years, or fine, or both, same as IPC.
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Reinforces deterrence against malicious acts targeting animals of economic or public importance.
For instance, harming a farmer’s livestock used for agriculture or animals used for public services falls under BNS 438. The provision ensures protection of property, public interest, and livelihoods in line with IPC 438.