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BNS Section 325

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 325

Mischief by killing or maiming animal

BNS Section 325 defines and penalizes the offense of mischief by killing or maiming an animal.


Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Example:
Vijay, in a bid to destroy Rakesh's poultry business, kills all his farm animals. Vijay is guilty of the offence under this Section.


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Key Points:
Mischief:

Mischief in legal terms refers to an act that intentionally causes damage or destruction to property, and in this case, the property includes animals.
The offender must have the intent to cause wrongful loss or damage to the animal's owner by harming or incapacitating the animal.

Killing, Poisoning, Maiming, or Rendering Useless:
Killing:
Causing the death of the animal.
Poisoning: Administering a substance that causes harm, injury, or death to the animal.
Maiming: Inflicting physical injury that results in the permanent impairment of the animal’s body or one of its limbs, reducing its ability to function as before.
Rendering Useless: Actions that result in the animal being unable to serve its usual purpose, for example, damaging the animal to the extent that it can no longer perform tasks it was trained for (such as a working animal).

Types of Animals Protected:
While Section 325 does not specify particular types of animals, it is understood to apply to domestic animals, working animals (such as livestock or pets), and animals that hold value for their owners.
This includes cows, horses, dogs, cats, or any other animal used for work, companionship, or economic purposes.

Punishment:
The penalty for mischief by killing, maiming, or rendering an animal useless is imprisonment of either description (rigorous or simple) for a term which may extend to five years.
Additionally, the offender may also be liable to pay a fine, or both imprisonment and fine could be imposed, depending on the severity of the offense and the harm caused.


Offence : Mischief by killing or maiming animal.


Punishment : Imprisonment for 5 years, or fine, or both.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Magistrate of the first class.




Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.


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