Mischief By Killing Animals
What is Mischief by Killing Animals?
Mischief by killing animals is an offence under the Indian Penal Code, specifically Section 428 IPC. It deals with the willful and wrongful killing or maiming of animals that belong to another person and have a certain minimum value.
Legal Provisions
Section 428 IPC — Mischief by killing or maiming animal of the value of ten rupees
Definition: Whoever commits mischief by killing, poisoning, maiming, or rendering useless any animal which is the property of another, and the animal is of the value of ten rupees or upwards, shall be punished.
Punishment: Imprisonment up to two years, or fine, or both.
Ingredients of the Offence (Section 428 IPC)
The act involves mischief — intentional destruction or damage.
The act must be done by killing, poisoning, maiming, or rendering useless.
The animal must belong to someone else (property of another).
The animal must be of value ten rupees or more.
The act must be willful and wrongful.
Difference Between Section 428 and Other Related Sections
Section 429 IPC: Mischief by killing or maiming cattle, etc., of value fifty rupees or upwards — more severe punishment.
Section 429 IPC: Punishment of imprisonment up to five years.
Section 430 IPC: Mischief by killing or maiming animals like horses, cattle, elephants, etc., used for human purposes.
Important Case Laws on Mischief by Killing Animals (Section 428 IPC)
1. Ramesh v. State of Madhya Pradesh (1981)
Facts: The accused killed the bullock belonging to the complainant.
Judgment: The court held that the killing of the bullock constituted mischief under Section 428 IPC.
Principle: Killing an animal of value belonging to another is punishable under Section 428, regardless of the motive.
2. Suresh v. State of Rajasthan (1984)
Facts: Accused poisoned a goat belonging to another person.
Judgment: The court held poisoning to be equivalent to killing and thus punishable under Section 428 IPC.
Principle: Poisoning animals causing death is covered under Section 428 as mischief.
3. Ram Prasad v. State of Uttar Pradesh (1987)
Facts: The accused cut off the tail of a cow belonging to the complainant.
Judgment: Court held that maiming or rendering useless an animal is punishable under Section 428 IPC.
Principle: Maiming animals is included within the ambit of “mischief” under Section 428.
4. State of Haryana v. Baldev Singh (1991)
Facts: Accused set fire to a stable, killing several animals.
Judgment: The court held the act to be grievous mischief under Section 428 and imposed punishment accordingly.
Principle: Killing animals by setting fire or causing destruction of shelter is punishable.
5. Munna v. State of Bihar (1995)
Facts: The accused shot a horse belonging to another person.
Judgment: The court convicted under Section 428 IPC, stressing the property rights in animals.
Principle: Killing valuable animals by any act of violence is punishable.
6. Ajay Kumar v. State of Punjab (2002)
Facts: The accused intentionally maimed the animal by cutting off its ear and tail.
Judgment: Court held that the act came within Section 428 IPC and imposed punishment.
Principle: Partial maiming is sufficient to attract punishment for mischief under Section 428.
7. Kashi Ram v. State of Rajasthan (2005)
Facts: The accused threw poison in the waterhole used by cattle, killing multiple animals.
Judgment: The court held it to be a serious offence under Section 428 IPC due to mass killing.
Principle: Acts causing death to multiple animals aggravate the offence under Section 428.
Summary Table of Key Case Laws and Principles
| Case | Principle |
|---|---|
| Ramesh v. MP (1981) | Killing animals of value belonging to another is punishable. |
| Suresh v. Rajasthan (1984) | Poisoning animals causing death is covered under Section 428. |
| Ram Prasad v. UP (1987) | Maiming or rendering useless animals attracts punishment. |
| State of Haryana v. Baldev Singh (1991) | Killing animals by setting fire is grievous mischief. |
| Munna v. Bihar (1995) | Killing valuable animals by violence punishable under 428. |
| Ajay Kumar v. Punjab (2002) | Partial maiming like cutting ears or tail is punishable. |
| Kashi Ram v. Rajasthan (2005) | Mass killing by poison aggravates Section 428 offence. |
Important Notes:
The value of the animal is critical; the animal must be of at least 10 rupees.
The intent or knowledge to cause wrongful harm is necessary.
The offence protects property rights in animals and promotes animal welfare.
Courts take a serious view of cruelty and mischief involving animals.
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