Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees
Section 429 of the Indian Penal Code, 1860 deals with mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment or either description for a te The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment or either description for a term which may extend to five years, or with fine, or with both.
430.
Mischief by injury to works of irrigation or by wrongfully diverting
Section 429, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 325 Mischief by killing or maiming animal Distant match 55%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of U. P vs Sunil
Court's Decision & Legal Precedent
In a criminal case based solely on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances that is consistent only with the guilt of the accused and inconsistent with any other hypothesis. Where the prosecution fails to establish an independent, credible connection between the accused and the incident alleged, the entire edifice of circumstantial evidence collapses, regardless of individual pieces of physical evidence. Adverse inference from refusal to provide fingerprints or similar evidence cannot serve as the sole or primary basis for conviction. The burden of proof throughout remains on the prosecution to prove guilt beyond reasonable doubt.
On this section: Mischief by killing or maiming animal - Applied to the killing of the family's pet dog. The Trial Court convicted under this section as well.
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State vs Salman Khan& ORS.
Court's Decision & Legal Precedent
Damage caused to wildlife, even if not calculable in monetary terms, constitutes loss to ecology and society at large. Therefore, provisions of Chapter VIII of the Indian Penal Code, specifically Section 149 IPC read with Section 141 IPC (Clause Thirdly covering 'other offence'), can be applied to offences under the Wildlife Protection Act when committed by an unlawful assembly. However, Sections 147 and 148 IPC (rioting and rioting with deadly weapons) cannot be applied to wildlife hunting as they require use of criminal force against persons, not animals. Criminal force under Section 349 IPC is limited to force causing motion or change of motion in another person.
On this section: Mischief by killing or maiming animal - Court noted this section covers domesticated animals; held that wild animals also fall within mischief definition
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State vs Saif Ali
Court's Decision & Legal Precedent
The provisions of Chapter VIII of the Indian Penal Code, specifically Sections 147, 148, and 149 IPC, can be applied to offences under special laws like the Wildlife Protection Act, but only to the extent that the underlying offence falls within the scope of the specific IPC provision. Section 149 IPC can be applied to wildlife protection violations when committed by an unlawful assembly because hunting protected animals constitutes 'mischief' under Section 425 IPC, which falls within Clause Thirdly of Section 141 IPC's definition of unlawful assembly. However, Section 147 IPC (rioting) cannot be applied to wildlife hunting because rioting requires use of criminal force on persons, not animals. The definition of 'offence' under Section 40 IPC extends to special laws when the offence is punishable with imprisonment of six months or more, and damage to wildlife constitutes loss to the public through ecological harm, thereby satisfying the mischief definition.
On this section: Mischief by killing or maiming animal - Court noted this section covers domesticated animals and referenced it in context of mischief definition
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State vs Dushyant Singh
Court's Decision & Legal Precedent
The provisions of Sections 147, 148, and 149 of the Indian Penal Code can be applied to offences under the Wildlife Protection Act to the extent that: (1) Section 147 (rioting) and Section 148 (rioting with deadly weapons) cannot apply because criminal force as defined in Section 349 IPC requires use of force on another person, not on animals; (2) Section 149 (act of member of unlawful assembly) can apply when an unlawful assembly is formed with the common object of committing mischief against wildlife, as 'mischief' under Section 425 IPC includes damage to wildlife which constitutes loss to ecology and public; (3) The definition of 'offence' under Section 40 IPC extends to special laws like the Wildlife Protection Act for purposes of Section 141 IPC (unlawful assembly), particularly Clause Thirdly which covers 'other offence'; (4) Damage to wildlife, even if not calculable in monetary terms, constitutes loss to the public and society, bringing it within the definition of mischief.
On this section: Mischief by killing or maiming animal - Court noted this section covers domesticated animals with value
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State vs Neelam Kothari
Court's Decision & Legal Precedent
Damage caused to wildlife, even if not evaluable in monetary terms, constitutes loss to public ecology and society at large. Therefore, the provisions of Section 141 IPC (unlawful assembly) can be applied to offences under the Wildlife Protection Act, and consequently, Section 149 IPC (act of any member of unlawful assembly) applies to wildlife hunting offences when multiple persons act with common object to commit mischief. However, Sections 147 and 148 IPC (rioting and rioting with deadly weapons) do not apply to wildlife hunting as they require criminal force affecting persons, not animals.
On this section: Mischief by killing or maiming animals - Court noted this section covers domesticated animals and applied mischief principles to wild animals
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Omkar Patil, Assistant Director of the Veterinary Department about illegal storage of a large quantity of meat of cow in a godown of the first to third respondents. 4. Initially, while registering the First Information Report, the offences punishable under Sections 420 and 429 of the Indian Penal Code, 1860 ('the IPC') were applied and later on, the provisions of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 (for short 'the 1964 Act') and, in particular, Sections 4 and 5 thereof were added. The High Court in exercise of its Digitally signed by Anita …
Questions about Section 429
What have the courts held on Section 429 of the Indian Penal Code?
State of U. P vs Sunil (02 May 2017) is the leading judgment on this section among those set out below: Mischief by killing or maiming animal - Applied to the killing of the family's pet dog. The Trial Court convicted under this section as well. Another 4 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2012 to 2017.
How do I find court cases under Section 429 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 429, section 429 IPC, section 429 of the Indian Penal Code. People searching for it also type ipc 429 in bns and ipc 429 punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with State of U. P vs Sunil (02 May 2017).
What should I read with Section 429 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 325 (Mischief by killing or maiming animal), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 429 of the Indian Penal Code come into force?
Section 429 of the Indian Penal Code, cited as IPC 429, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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