Bharatiya Nyaya Sanhita, 2023

Section 325 BNS: Mischief by Killing or Maiming Animal

Section 325 of the Bharatiya Nyaya Sanhita, 2023 punishes mischief committed by killing, poisoning, maiming or rendering useless any animal. The provision is an aggravated form of mischief and must be read with the general definition of mischief in Section 324 BNS.

Current legal position: Section 325 is punishable with imprisonment of either description up to five years, or fine, or both. It is cognizable, bailable and triable by a Magistrate of the first class.

Section 325 BNS - Statutory Provision

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

What Section 325 BNS Covers

Section 325 applies when the underlying conduct amounts to mischief and the property affected is an animal that is killed, poisoned, maimed or rendered useless.

The section uses the expression "any animal." It does not state a minimum monetary value of the animal as an ingredient of the offence.

Essential Ingredients of Section 325 BNS

  1. the accused must commit mischief within the meaning of Section 324 BNS;
  2. the subject of the mischief must be an animal;
  3. the animal must be killed, poisoned, maimed or rendered useless by the offending act; and
  4. the intention or knowledge required for the offence of mischief must be established.

Mere injury to an animal does not automatically establish Section 325 unless the facts satisfy the statutory requirements, including the mental element of mischief and one of the forms of harm specified in Section 325.

Killing, Poisoning, Maiming or Rendering Useless

Killing

The provision expressly covers mischief resulting in the death of an animal.

Poisoning

Poisoning is separately mentioned, so the section may apply where poison is used as the means of causing the prohibited harm, subject to proof of the ingredients of mischief.

Maiming

Maiming refers to serious physical injury that leaves the animal permanently or seriously impaired.

Rendering useless

The section also covers conduct that makes an animal useless for the purpose or utility for which it is kept, even where the animal is not killed.

Relationship With Section 324 BNS - Mischief

Section 324 BNS contains the general definition of mischief. It requires destruction of property, a harmful change in property or its situation, or another injurious effect, together with intent to cause or knowledge of likely wrongful loss or damage.

Section 325 is therefore a specific aggravated provision dealing with animals. The prosecution must establish both the general ingredients of mischief and the specific result described in Section 325.

Punishment, Cognizability, Bail and Trial Court

Provision Section 325 BNS
Offence Mischief by killing, poisoning, maiming or rendering useless any animal
Punishment Imprisonment of either description up to five years, or fine, or both
Cognizable Yes
Bailable Yes
Trial court Magistrate of the first class

Compounding Under the BNSS

Section 325 is listed in the compounding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. The person identified as competent to compound the offence is the owner of the animal.

Compounding should be considered with reference to Section 359 BNSS and the procedural stage of the criminal case.

Official Legal Sources

For authoritative statutory wording, procedural classification and compounding provisions, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar. The official BNS and BNSS materials prevail in case of any discrepancy in a secondary source.

Frequently Asked Questions

What does Section 325 BNS punish?

It punishes mischief committed by killing, poisoning, maiming or rendering useless any animal.

What is the punishment under Section 325 BNS?

The punishment is imprisonment of either description up to five years, or fine, or both.

Is Section 325 BNS cognizable?

Yes. It is cognizable.

Is Section 325 BNS bailable?

Yes. It is bailable.

Which court tries Section 325 BNS?

The offence is triable by a Magistrate of the first class.

Can Section 325 BNS be compounded?

Yes. The BNSS identifies the owner of the animal as the person who may compound the offence, subject to the applicable procedural requirements.

This page provides general legal information. Application of Section 325 depends on the facts, evidence and law applicable to the individual case.