Section 47 IPC - Meaning of Animal

Section 47 of the Indian Penal Code, 1860 defined the word "animal" for purposes of the Code. The definition covered any living creature other than a human being.

Section 47 of the Indian Penal Code 1860

Section 47 - Animal.

The word "animal" denotes any living creature, other than a human being.

Meaning of Animal Under Section 47 IPC

Section 47 used a broad definition. For IPC purposes, an "animal" meant any living creature other than a human being. The definition therefore distinguished human beings from other living creatures whenever the Code used the defined expression.

Key point: Section 47 is not limited by its wording to any particular species or class of animal. Its statutory test is whether the subject is a living creature other than a human being.

Scope of the Definition

The phrase "any living creature" gives the definition a general character. The exclusion of a human being is express. When an IPC provision used the word "animal," Section 47 supplied this meaning unless the operation of the particular provision required attention to additional statutory elements.

The definition should therefore be read together with the substantive IPC provision in which the expression occurs.

Section 47 Is a Definition, Not an Offence

Section 47 did not itself prohibit conduct, create criminal liability or prescribe punishment. It was a general definition provision intended to clarify the meaning of "animal" elsewhere in the Indian Penal Code.

Whether conduct involving an animal constituted an offence depended upon the ingredients of the substantive penal provision applicable to the facts.

Human Beings Are Expressly Excluded

The words "other than a human being" are an integral part of Section 47. This distinguishes the definition from the nearby IPC provisions dealing with concepts specifically related to human beings, including Section 45 on life and Section 46 on death.

IPC provisionDefined expressionGeneral meaning
Section 45LifeLife of a human being, unless the contrary appears from the context.
Section 46DeathDeath of a human being, unless the contrary appears from the context.
Section 47AnimalAny living creature other than a human being.

Relationship with Section 44 Injury

Section 44 IPC defined "injury" by reference to harm illegally caused to a person in body, mind, reputation or property. Section 47 separately defined "animal." These general definitions serve different interpretive purposes and must be applied according to the wording of the substantive provision concerned.

Related General Definitions in the IPC

SectionSubject
Section 44Injury
Section 45Life
Section 46Death
Section 47Animal
Section 48Vessel
Section 49Year and month
Section 50Section

Pre-BNS Legal Context

This article explains Section 47 in the framework of the Indian Penal Code, 1860 before implementation of the Bharatiya Nyaya Sanhita, 2023. For a matter governed by the IPC, the definition of "animal" must be read together with the substantive provision in which the expression is used.

Note: This article provides general legal information about Section 47 IPC and is not a substitute for legal advice in an individual matter.