What is Section 428 IPC? Mischief by killing or maiming animal of value ten rupees
Published on: Lawiz Team
Learn about Section 428 IPC: Mischief by killing or maiming animal of value ten rupees
Official Legal Text
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 428 punishes anyone who kills, maims, poisons, or renders useless any animal of the value of ten rupees or more.
Purpose
To protect animals from being harmed or killed by individuals without lawful reason.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. The act must involve killing, maiming, or harming an animal. 2. The animal must be valued at ten rupees or more.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or a fine, or both.
Illustrative Example
If a person poisons a neighbor's dog worth ₹500, they are punishable under Section 428.
Legal Defenses
If the accused can prove that the animal was harmed in self-defense or with the owner's consent, they may be acquitted.
Related Sections
Related to Section 429 (Mischief by killing cattle) and Section 426 (Punishment for mischief).
FAQs
What does Section 428 IPC define?
Mischief by killing or maiming animal of the value of ten rupees.
How is 'Mischief by killing or maiming animal of the value of ten rupees' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 428 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 428?
Examples include real-life cases involving mischief by killing or maiming animal of the value of ten rupees.
Is Section 428 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 428 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 428 significant?
It holds importance in the framework of criminal law.