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IPC · Chapter XVII · Of offences against property

IPC section 428 in the BNS

IPC 428BNS 325

IPC section 428, “Mischief by killing or maiming animal of the value of ten rupees”, is now BNS section 325 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 428 to BNS 325

Merged with IPC 429 into BNS section 325, which covers killing, poisoning, maiming or rendering useless any animal, whatever its value. The punishment is up to five years, or fine, or both (IPC 428: up to two years, for an animal worth ₹10 or more).

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 428 Mischief by killing or maiming animal of the value of ten rupees

Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals 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.

Bharatiya Nyaya Sanhita, 2023

Section 325 Mischief by killing or maiming 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Also in BNS 325

Other IPC sections that went to the same place

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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