Introduction of IPC Section 428
The Indian Penal Code (IPC) is a set of laws that outlines various offenses and their punishments. IPC Section 428 specifically addresses the protection of animals from intentional harm or cruelty. This section is crucial for safeguarding animal rights and preventing acts of cruelty towards animals.
What is IPC 428 ?
IPC Section 428 deals with the crime of hurting or damaging someone else’s animal on purpose. This includes actions like killing, injuring, or making an animal useless without any good reason. The law is there to stop animal cruelty and protect the rights of animal owners.

Section 428 IPC Overview
IPC Section 428, “Mischief by killing or maiming animal,” addresses the offense of intentionally causing harm to or rendering useless any animal belonging to another person. This section aims to prevent acts of cruelty towards animals and protect the property rights of animal owners.
Key Points:
Mischief by Killing or Maiming Animals: IPC 428 prohibits acts of cruelty against animals by intentionally killing or maiming them. This includes actions that cause physical harm or injury to animals.
Value of the Animal: The section specifies that the animal must have a value of ten rupees or upwards for the offense to apply. This criterion helps in determining the severity of the offense based on the economic value of the animal.
Protection of Animal Rights: IPC 428 aims to protect the rights and welfare of animals by penalizing individuals who engage in acts of cruelty towards them. It reflects societal concerns about animal welfare and emphasizes the importance of treating animals with compassion and respect.
Punishment: The punishment for an offense under IPC Section 428 may include imprisonment for up to two years, or with fine, or with both. The severity of the punishment depends on the specific circumstances of the case and the extent of harm inflicted on the animal.
Bailable or Non-bailable: IPC 428 is generally considered a bailable offense, allowing the accused to seek bail as a matter of right, subject to certain conditions imposed by the court. However, the court may deem the offense as non-bailable in certain situations, such as if there is a risk of the accused fleeing or tampering with evidence.
IPC 428 Punishment
- Punishment: The punishment for an offense under IPC Section 428 includes imprisonment for a term that may extend up to two years.
- Fine: In addition to imprisonment, the court may impose a fine as part of the penalty for violating IPC 428.

428 IPC bailable or not ?
IPC Section 428 is usually seen as a bailable offense. This means that if someone is accused of breaking this law by harming an animal belonging to someone else, they can ask for bail. But it’s up to the court to decide based on the situation. If the accused has done this before or might try to run away or hide evidence, the court might not allow bail.
Section 428 IPC in short information
Section | IPC 428 |
---|---|
Offense | Mischief by killing or maiming animals |
Definition | Intentionally killing, poisoning, maiming, or rendering useless any animal valued at ten rupees (amount can change) or upwards. |
Punishment | Imprisonment for up to two years, or with fine, or with both |
Bailable | Generally considered a bailable offense |
IPC Section FAQs
What constitutes “mischief” under IPC Section 428?
Mischief under IPC Section 428 involves intentionally killing, maiming, or rendering useless any animal that belongs to someone else. This can include causing harm or injury to animals with malicious intent.
What is the punishment for an offense under IPC Section 428?
The punishment for committing mischief by killing or maiming an animal under IPC Section 428 can include imprisonment for up to two years, a fine, or both, depending on the severity of the offense.
Is IPC Section 428 a bailable offense?
Yes, IPC Section 428 is generally considered a bailable offense. This means that the accused can seek bail as a matter of right, subject to certain conditions imposed by the court.
Are there any exceptions or defenses for acts under IPC Section 428?
IPC Section 428 does not provide specific exceptions or defenses, but the accused may argue certain legal defenses, such as acting in self-defense or under lawful authority, depending on the circumstances of the case.
What kind of animals are protected under IPC 428?
The law applies to any animal with a monetary value of at least ten rupees (subject to change based on inflation). This could include pets, livestock, working animals, or even valuable wildlife.
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