Animal lovers and welfare activists must take note that the recent replacement of Indian Penal Code (IPC) by The Bharatiya Nyay Sanhita (BNS) has brought come changes to the legal sections of animal-related provisions along with other matters.
Section 428 and 429 of the IPC replaced by BNS section 325
Notably, the newly-introduced penal code has condensed and put together two sections of the IPC into a single one, which aim to allow providing justice to the voiceless creatures in case of violations and issues. Instead of Section 428 and 429 of the IPC, the law would now consider equivalents from the BNS, 2023.
One must note that, while submitting complaints on animal-related incidents, Section 325 of the BNS would be implied. Also, Section 2 (2) defines the term 'Animal' and states it to be "any living creature, other than a human being."
What is Section 325 of Bharatiya Nyaya Sanhita?
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.
Former IPC Sections on animal-related provisions
Section 428: Mischief by killing or maiming animal of the value of ten rupees
Section 429: Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.
Animal Rights Advocate Ashar Meet reacts to the move
"This is a welcome move. Regardless of the species of animal maimed or killed, the punishment shall be same, unlike how it was under IPC," said Ashar Meet, an Animal Rights Advocate and legal advisor PETA India.
Noting further, he critically analysed the legal framework and said, "It is good and bad, both. While the BNS does away with the value of animal and prescribes a uniform punishment for all species of animals that are killed or maimed, it also decriminalises sexual abuse of animals which was an offence under 377 IPC. This is a huge setback for animals as cases of sexual abuse against animals are only increasing."
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