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The new section 325, introduced in the penal code has been welcomed by animal lovers, animal rights activists and celebrities. However, animal advocates and supporters of animal welfare should be aware that the Bharatiya Nyay Sanhita (BNS) has replaced the Indian Penal Code (IPC) and has resulted in modifications to the legal provisions about animals as well as other issues.
BNS section 325 has replaced IPC sections 428 and 429.
Let us first understand what Section 325 of Bharat Nyaya Sanhita is and what was it formerly known as!
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.
Notably, the recently enacted penal code combines two sections of the Indian Penal Code into a single one in order to enable the provision of justice for voiceless creatures in the event of violations and issues. As of right now, the law would take into account equivalents from the BNS, 2023 in place of Sections 428 and 429 of the IPC.
Notice must be taken of the implied reference to Section 325 of the BNS when filing complaints regarding incidents involving animals. Furthermore, the definition of "animal" in Section 2 (2) is given as "any living creature, other than a human being."
"This is a welcome move. Regardless of the species of animal maimed or killed, the punishment shall be the same, unlike how it was under IPC," said Ashar Meet, an Animal Rights Advocate and legal advisor PETA India.
Prominent animal lovers, including Shanaya Kapoor, Malaika Arora, and Jacqueline Fernandez, have endorsed the initiative. The celebrities shared a post shared by the Mumbai police on their individual Instagram Stories. The post read, "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."
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