Section 325 BNS – Section 325 of New Bharatiya Nyaya Sanhita

Section 325 BNS

Section 325 BNS

Section 325 of the Bharatiya Nyaya Sanhita (BNS), which has replaced the Indian Penal Code (IPC), makes it a punishable offense to commit mischief by killing, poisoning, maiming or rendering useless any animal. The key points about Section 325 BNS are:

  • It consolidates and replaces Sections 428 and 429 of the former IPC
  • The punishment is imprisonment of up to 5 years, or a fine, or both.
  • The term ‘animal’ is defined as “any living creature, other than a human being” in Section 2(2) of the BNS.
  • Complaints related to animal cruelty should now cite Section 325 BNS.
  • The uniform punishment applies regardless of the animal’s species or value, unlike the previous IPC sections.

However, the new law also decriminalizes sexual abuse of animals, which was previously an offense under IPC 377. This has been criticized as a setback for animal rights. Overall, Section 325 BNS aims to provide stronger legal protection for animals against acts of mischief, though some animal rights advocates argue the penalties could be even more stringent to deter such crimes effectively.

What are the specific penalties outlined in Section 325 BNS for animal cruelty

Section 325 of the Bharatiya Nyaya Sanhita (BNS) outlines the penalties for animal cruelty, specifically addressing acts of mischief such as killing, poisoning, maiming, or rendering useless any animal. The penalties specified in this section are:

  • Imprisonment: A term that may extend up to five years.
  • Fine: A monetary penalty, although the specific amount is not defined in the section itself. There are suggestions from advocates that fines should be substantial, potentially ranging from 1 lakh to 10 lakh rupees, to serve as a deterrent against animal cruelty.
  • Combination of both: Offenders may face both imprisonment and fines simultaneously.

This section consolidates and replaces the previous IPC provisions under Sections 428 and 429, which had specific value thresholds for animals involved in such offenses. The new law aims to provide uniform punishment across all species of animals, reflecting a shift towards stronger legal protections for animals.

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