Section 428 IPC: Mischief by Killing or Maiming Animal

Section 428 of the Indian Penal Code, 1860 dealt with a specific form of mischief involving an animal valued at ten rupees or more. This page explains the provision as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Pre-BNS legal position: This article concerns Section 428 IPC under the law applicable before 1 July 2024. For later offences, the Bharatiya Nyaya Sanhita, 2023 must be consulted.

Text and meaning of Section 428 IPC

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 ten rupees or upwards is punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The provision therefore covered four stated forms of injury to an animal: killing, poisoning, maiming, or rendering the animal useless. The statutory value threshold was ten rupees or more.

Meaning of "mischief" under Section 425 IPC

Section 428 did not operate independently of the general definition of mischief in Section 425 IPC. Under Section 425, mischief involves an intention to cause, or knowledge of the likelihood of causing, wrongful loss or damage to the public or any person, coupled with destruction of property or a change to property or its situation that destroys or diminishes its value or utility, or affects it injuriously.

Accordingly, for Section 428, the prosecution had to establish the ingredients of mischief along with the particular act concerning the animal and the statutory value requirement.

Essential ingredients of Section 428 IPC

For the provision to apply under the pre-BNS law, the relevant facts ordinarily had to establish that the accused committed "mischief" within Section 425 IPC; that the act killed, poisoned, maimed or rendered useless an animal or animals; that the animal fell within the value threshold stated in Section 428; and that the required intention or knowledge forming part of mischief was present.

Punishment and classification

Provision	Section 428, Indian Penal Code, 1860
Offence	Mischief by killing, poisoning, maiming or rendering useless an animal of the statutory value
Maximum punishment	Imprisonment of either description up to two years, or fine, or both
Cognizable	Yes
Bailable	Yes

Difference between Sections 428 and 429 IPC

Section 428 applied to an animal or animals valued at ten rupees or upwards and prescribed imprisonment up to two years, or fine, or both. Section 429 IPC dealt with specified cattle and certain other animals and carried a higher punishment. The precise section depended on the nature and value of the animal and the facts proved.

Relationship with Section 425 IPC

The words "commits mischief" are important. Mere proof that an animal died or was injured did not dispense with proof of the statutory mental and property-damage elements of mischief. Section 425 supplied those foundational ingredients, while Section 428 prescribed the aggravated consequence for the specified conduct involving an animal.

Frequently asked questions

What was the punishment under Section 428 IPC?

Imprisonment of either description for up to two years, or fine, or both.

Was Section 428 IPC bailable?

Yes. Under the pre-BNS classification, the offence was bailable.

Was Section 428 IPC cognizable?

Yes. It was classified as cognizable.

Why is Section 425 IPC relevant?

Because Section 428 expressly required the accused to have committed "mischief". The meaning and core ingredients of mischief came from Section 425 IPC.

This page describes the IPC position before implementation of the Bharatiya Nyaya Sanhita, 2023 and is intended as general legal information.