BNS Section 325: Mischief by killing or maiming an animal (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 325 of the Bharatiya Nyaya Sanhita (BNS) punishes mischief by killing, poisoning, maiming or rendering useless any animal. It replaced the old Sections 428 and 429 of the Indian Penal Code (IPC) when the new code came into force on 1 July 2024. The big change is that the BNS drops the old value thresholds and sets a single punishment of up to five years. This explainer sets out what the section covers, how it maps to the old law, the punishment, and the classification. Last verified October 2026.

01The problem this section targets

Harming an animal can be both cruelty and a property offence. When a person kills, poisons or maims an animal that belongs to another, the owner suffers a loss, and the act causes needless suffering. The criminal law treats this as a form of mischief, which is the offence of causing wrongful loss or damage to property.

Section 325 of the BNS is the provision for mischief against animals. It carries forward the old law, but it simplifies it into one clear offence.

02What Section 325 covers

Section 325 of the BNS punishes a person who commits mischief by killing, poisoning, maiming or rendering useless any animal or animals. "Mischief" is defined elsewhere in the code as causing wrongful loss or damage. So the act must be done with the intent, or the knowledge of likelihood, of causing such loss or damage.

The section applies to any animal. It does not set a minimum value for the animal, and it does not single out cattle. This is a change from the old law, which had separate sections with value thresholds.

Under the BNS, mischief against any animal is one offence carrying up to five years, with no minimum value and no special cattle category.

03Key ingredients

To make out an offence under Section 325, these points must be shown:

• the subject was an animal;
• the accused killed, poisoned, maimed or rendered it useless; and
• the accused did so with the intent or knowledge required for mischief, that is, to cause wrongful loss or damage, or knowing it was likely.

The mental element of mischief is important. An accidental injury to an animal, without the intent or knowledge required for mischief, is not this offence.

04Old to new: IPC 428 and 429 to BNS 325

Section 325 of the BNS merges two old IPC sections into one.

So the two old sections, with their different value thresholds, are now a single Section 325. The BNS treats mischief against any animal as one offence with a maximum of five years.

05Punishment and classification

The punishment under Section 325 is imprisonment of either description for a term which may extend to five years, or fine, or both.

On classification, the offence is:

• Cognizable: the police can register and investigate without a prior court order.
• Bailable: bail is a matter of right, subject to conditions.
• Triable by a Magistrate of the first class.

06What changed from the old law

The main change is structural. The old law had two sections, one for animals of small value and one for cattle or higher-value animals, each with a different maximum. The BNS removes the value thresholds and sets a single maximum of five years for mischief against any animal.

This simplifies charging. A prosecutor no longer needs to prove the value of the animal to decide which section applies. When you research, look at both old sections, because judgments on Sections 428 and 429 of the IPC still help you read Section 325. For the wider renumbering pattern, see breach of contract to attend on a helpless person.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Mischief cases against animals turn on intent and on how a court reads words like "maim" or "render useless", so the earlier authorities count. Claw searches a base of more than 30 crore judgments and orders and follows every order, hearing and listing under Sections 428, 429 or the new Section 325, or by party or advocate name, across 9,102 courts, benches and forums, returning each result in under five seconds. Its Supreme Court coverage starts in 1950 and High Court coverage in 1990.

Claw keeps the files you upload out of its AI model training entirely. Open a free Claw account to search and watch animal-mischief matters by party or advocate name. To cover the wider statute book, try case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• Section 325, BNS (bare text and classification): devgan.in
• PRS Legislative Research (BNS and IPC comparison): prsindia.org
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

09Frequently asked questions