Indian Penal Code, 1860
Section 429
repealedMischief 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 term which may extend to five years, or with fine, or with both.
Why this exists
This section imposes a harsher punishment than the previous one because it targets particularly valuable working and farm animals, elephants, camels, horses, mules, buffaloes, bulls, cows, and oxen, which historically held immense economic and social importance in agrarian communities, as well as other animals of higher value. Harming such animals often caused severe economic hardship to families dependent on them for farming or transport. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 325.
How courts read it
Courts note that for the specifically listed animals, elephants, camels, horses, mules, buffaloes, bulls, cows, and oxen, this section applies regardless of the animal's monetary value, while for any other animal, the prosecution must establish a value of fifty rupees or more to invoke this stricter provision instead of the lesser one under Section 428.
Common misconceptions
- Myth: The value of the animal must always be proven for this section to apply.
Fact: For specifically named animals like elephants, camels, horses, mules, buffaloes, bulls, cows, and oxen, this section applies regardless of their value; the fifty-rupee threshold only matters for other, unnamed animals.