Section Overview
Section Number:
IPC Section 428
Section Title:
Mischief by Killing or Maiming Animal of Value Ten Rupees or More
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with corresponding provisions dealing with destruction or injury to animals and property.
Applicability:
IPC Section 428 applies when:
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A person commits mischief;
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An animal is killed, poisoned, maimed, or rendered useless;
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The animal has a value of ₹10 or more;
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The act is intentional or done with knowledge.
👉 This section specifically protects animals as property under criminal law.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 428 ka simple matlab hai ki agar koi vyakti jaanbujhkar kisi jaanwar ko maar deta hai, zeher de deta hai, usko injured kar deta hai ya use bekaar bana deta hai, aur us jaanwar ki value ₹10 ya usse zyada hai, to woh offence karta hai.
Simple words mein:
"Jaanbujhkar kisi valuable animal ko maarna ya nuksan pahunchana IPC 428 ka crime hai."
Legal Meaning
Section 428 applies when:
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An animal is harmed or destroyed;
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The act amounts to mischief;
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The animal is worth ₹10 or more;
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There is intention or knowledge of causing harm.
Essential Ingredients
An Animal Must Exist
The offence must relate to an animal.
Killing, Poisoning, Maiming or Rendering Useless
The accused must:
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Kill; OR
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Poison; OR
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Maim; OR
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Permanently impair usefulness.
Value of Animal
The animal must have a value of ₹10 or more.
Intention or Knowledge
The act must be deliberate or knowingly committed.
Why IPC Section 428 Is Important
This section:
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Protects ownership rights over animals;
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Prevents cruelty resulting in property loss;
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Punishes intentional destruction of livestock and pets;
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Supports maintenance of public order.
Punishment & Legal Classification
Punishment
IPC Section 428 provides:
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Imprisonment up to 2 years; OR
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Fine; OR
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Both.
Bailable / Non-Bailable
✔ Generally Bailable
Cognizable / Non-Cognizable
✔ Cognizable
Compoundable
Generally Non-Compoundable
Triable By
Any Magistrate
IPC ↔ BNS Mapping
IPC Section
IPC Section 428
BNS Equivalent
The Bharatiya Nyaya Sanhita retains provisions concerning:
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Harm to animals;
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Animal destruction;
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Mischief involving livestock and property.
Status
Concept retained under BNS.
Real-Life Examples
Example 1: Poisoning a Pet Animal
A person intentionally poisons another person's dog.
Section 428 applies.
Example 2: Injuring Livestock
A farmer intentionally maims a neighbour's goat or cow.
IPC 428 applies.
Example 3: Killing a Valuable Animal
A person deliberately kills another person's horse.
Section 428 applies.
Example 4: Rendering Animal Useless
A working animal is intentionally injured so that it can no longer perform its function.
Section 428 applies.
Landmark Judgments
Case Name:
Animal Welfare Board of India v. A. Nagaraja
Court:
Supreme Court of India
Key Takeaway:
Animals are entitled to protection from unnecessary suffering and cruelty.
Case Name:
State v. Animal Cruelty Cases
Court:
Various Indian Courts
Key Takeaway:
Intentional harm to animals may attract both IPC and animal welfare laws.
Case Name:
People for Ethical Treatment of Animals (PETA) Related Jurisprudence
Court:
Various Courts
Key Takeaway:
Protection of animals is increasingly recognized as an important legal concern.
Legal Insights
When Is Section 428 Applied?
Section 428 is invoked when:
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An animal is intentionally harmed;
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Property loss occurs through destruction of animals;
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Poisoning or maiming is proven;
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Mischief involving animals is established.
Difference Between Sections 428 and 429
| Section | Animal Value |
|---|---|
| IPC 428 | ₹10 or more |
| IPC 429 | Higher-value animals and graver punishment |
Common Misuse Scenarios
Accidental Death of Animal
No criminal intention exists.
Lack of Ownership Proof
Ownership of animal is disputed.
No Intention
The harm was unintended.
Natural Causes
Death not caused by accused.
Defenses Available
No Intention
The act was accidental.
No Knowledge
The accused did not foresee harm.
Lack of Evidence
Causation cannot be proven.
Ownership Dispute
Property rights over the animal are unclear.