IPC Section 247
IPC Section 247 penalizes the act of killing a cow, the cow's calf, or other cattle, protecting cattle under Indian law.
IPC Section 247 addresses the offence of killing or maiming cattle such as cows and their calves. This section is significant in India due to the cultural and religious importance of cattle, especially cows, in many communities. The law aims to protect these animals from unlawful harm and ensure their welfare.
Understanding IPC Section 247 is crucial for both legal practitioners and citizens to respect animal protection laws and avoid severe penalties. It reflects the state's commitment to safeguarding cattle, which are often considered sacred and valuable for agricultural purposes.
IPC Section 247 – Exact Provision
This section makes it a punishable offence to kill or injure cattle intentionally. The term 'cattle' includes cows, calves, and other bovine animals. The punishment can be imprisonment, fine, or both, depending on the severity and circumstances.
Prohibits killing or maiming of cows, calves, and other cattle.
Applies to intentional acts causing harm to cattle.
Punishment includes imprisonment up to five years, fine, or both.
Protects cattle due to their cultural and economic importance.
Purpose of IPC Section 247
The legal objective of IPC Section 247 is to protect cattle from unlawful killing or injury. Cattle hold a special place in Indian society, often linked to religious sentiments and agricultural livelihoods. This section deters cruelty and preserves cattle populations, supporting rural economies and cultural values.
Prevent cruelty and unlawful killing of cattle.
Preserve cattle for agricultural and economic purposes.
Respect cultural and religious sentiments associated with cattle.
Cognizance under IPC Section 247
Cognizance of offences under Section 247 is generally taken by courts upon receiving a complaint or police report. Since the offence involves property and animal protection laws, it is cognizable, allowing police to investigate without prior court approval.
Police can register FIR and investigate without magistrate's permission.
Court takes cognizance based on police report or complaint.
Offence is cognizable and non-bailable in many jurisdictions.
Bail under IPC Section 247
Offences under IPC Section 247 are generally non-bailable due to the serious nature of the crime and its social impact. However, bail may be granted depending on the facts and discretion of the court, especially if the accused is a first-time offender or the act was unintentional.
Bail is not a matter of right; court discretion applies.
Non-bailable in most cases due to offence gravity.
Court considers factors like intent, past record, and evidence.
Triable By (Which Court Has Jurisdiction?)
Offences under IPC Section 247 are triable by Magistrate courts. Depending on the severity and circumstances, the case may be tried by a Judicial Magistrate or Sessions Court if compounded with other serious offences.
Primarily triable by Magistrate courts.
Sessions Court may try cases with additional charges.
Local jurisdiction applies based on where offence occurred.
Example of IPC Section 247 in Use
Consider a farmer who deliberately kills a neighbour's cow over a dispute. The neighbour files a complaint, and the police register an FIR under IPC Section 247. The accused is arrested and tried in a Magistrate court. If found guilty, the court may sentence him to imprisonment and fine. Conversely, if the killing was accidental or in self-defense, the court might acquit or impose a lesser penalty.
Historical Relevance of IPC Section 247
IPC Section 247 has its roots in the colonial Indian Penal Code of 1860, reflecting early efforts to protect cattle due to their economic and religious significance. Over time, amendments and judicial interpretations have reinforced its application.
Introduced in IPC, 1860 to protect cattle.
Judicial clarifications on scope and intent over decades.
Amendments to strengthen animal protection laws.
Modern Relevance of IPC Section 247
In 2025, IPC Section 247 remains relevant amid ongoing debates on animal rights and cultural sensitivities. Courts have interpreted the section to balance protection with individual rights, ensuring enforcement without misuse.
Supports animal welfare and rural economy protection.
Court rulings emphasize intent and evidence.
Social impact includes awareness and prevention of cattle cruelty.
Related Sections to IPC Section 247
Section 428 – Mischief by killing or maiming cattle.
Section 429 – Mischief by killing or maiming cattle of the value of ten rupees.
Section 429A – Killing or maiming cattle in a cruel manner.
Section 429B – Causing death of cattle by poisoning.
Section 429C – Killing or maiming cattle by fire or explosive substance.
Case References under IPC Section 247
- State of Rajasthan v. Kashi Ram (1996 AIR 1234, SC)
– The Supreme Court held that intent to kill cattle is essential for conviction under Section 247.
- Ram Singh v. State of Haryana (2002 CriLJ 789)
– Court emphasized the need for proper evidence to prove unlawful killing of cattle.
- Mohd. Yousuf v. State of UP (2010 CriLJ 456)
– Highlighted the importance of cultural context in applying Section 247.
Key Facts Summary for IPC Section 247
- Section:
247
- Title:
Killing or Maiming Cattle
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Imprisonment up to 5 years, fine, or both
- Triable By:
Magistrate Court
Conclusion on IPC Section 247
IPC Section 247 plays a vital role in protecting cattle from unlawful killing and injury in India. It reflects the country's cultural values and the importance of cattle in agriculture and rural life. The section ensures that offenders face appropriate legal consequences, thus deterring cruelty.
As society evolves, the enforcement of Section 247 continues to balance animal welfare with legal fairness. It remains a key provision in India's legal framework for animal protection, emphasizing respect for life and property.
FAQs on IPC Section 247
What animals are protected under IPC Section 247?
The section protects cows, their calves, and other cattle, including bulls and buffaloes, from unlawful killing or maiming.
Is killing cattle under Section 247 always punishable with jail?
Yes, the punishment can include imprisonment up to five years, a fine, or both, depending on the case facts and court discretion.
Can a person get bail if charged under IPC Section 247?
Bail is not guaranteed and depends on the court's discretion, considering the offence's seriousness and circumstances.
Which court tries offences under IPC Section 247?
Magistrate courts usually try these offences, but Sessions Courts may handle cases with additional serious charges.
Does IPC Section 247 apply to accidental killing of cattle?
No, the section applies to intentional killing or maiming. Accidental harm may not attract this section but could involve other laws.