Indian Penal Code, 1860
Section 428
repealedMischief by killing or maiming animal of the value of ten rupees
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of the value of the ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Why this exists
This section specifically protects animals from deliberate harm as a form of mischief, recognizing that animals often represent significant economic value to their owners, whether as livestock, working animals, or pets, and that harming them causes a distinct kind of loss beyond ordinary property damage. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 325.
How courts read it
Courts require proof that the animal harmed was worth at least ten rupees, a low threshold that in practice covers almost all animals of any real value, along with the standard mischief requirement of intention or knowledge of likely harm.
Common misconceptions
- Myth: This section only protects valuable animals like expensive pets or livestock.
Fact: Because the threshold value is just ten rupees, this section in practice covers nearly any animal of real value, not just expensive or rare animals.