IPC Section 428

IPC Section 428 addresses the crime of maliciously killing, maiming, or rendering useless any cattle or animal that is the property of another person. This section is important because cattle and animals often hold significant economic and cultural value in India. Protecting them from harm helps maintain social order and prevents financial loss to owners.

The law ensures that those who intentionally cause injury to animals owned by others are held accountable. It safeguards livestock, which is crucial for agriculture and rural livelihoods, by deterring acts of cruelty or vandalism.

IPC Section 428 – Exact Provision

This section makes it a punishable offence to intentionally harm cattle or animals owned by someone else. The term 'maliciously' implies the act is done with the intention to cause harm or injury. The law covers killing, maiming, or making the animal useless, meaning any damage that affects the animal's utility or value.

• Protects property rights of animal owners.

• Applies to cattle and other animals owned by others.

• Includes acts of killing, maiming, or rendering animals useless.

• Requires malicious intent for prosecution.

• Prescribes imprisonment up to two years, fine, or both.

Purpose of IPC Section 428

The main legal objective of IPC Section 428 is to protect animals that are valuable property from intentional harm. This section aims to deter acts of cruelty and vandalism against livestock, which are vital for agriculture and rural economies. By criminalizing malicious injury to animals, the law promotes respect for others' property and helps maintain peace in communities.

• Prevent economic loss due to damage to livestock.

• Discourage animal cruelty and malicious acts.

• Uphold property rights and social order.

Cognizance under IPC Section 428

Cognizance of offences under Section 428 is generally taken by courts when a complaint or report is filed by the aggrieved party or when the police register a case based on evidence. Since it involves property damage and malicious intent, the offence is cognizable, allowing police to investigate without prior court approval.

• Police can register FIR and investigate without magistrate's order.

• Court takes cognizance upon receiving police report or complaint.

• Proceedings start once sufficient evidence is presented.

Bail under IPC Section 428

Offences under IPC Section 428 are generally bailable, as the punishment is imprisonment up to two years or fine or both. The accused has the right to apply for bail, and courts usually grant it unless there are aggravating circumstances or risk of tampering with evidence.

• Offence is bailable by nature.

• Bail granted unless serious aggravation exists.

• Accused can apply for bail during investigation or trial.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 428 are triable by Magistrate courts. Since the punishment is imprisonment up to two years, it falls under the jurisdiction of the Judicial Magistrate First Class or Second Class depending on the state rules. Sessions Court jurisdiction is not typically involved unless compounded with other serious offences.

• Judicial Magistrate First Class usually tries the case.

• Sessions Court involved only if linked with more serious offences.

• Summary trials may be possible in some jurisdictions.

Example of IPC Section 428 in Use

Suppose a farmer discovers that his neighbor has deliberately injured his bullock by cutting its leg, rendering it unable to work. The farmer files a complaint under IPC Section 428. The police investigate and find evidence supporting malicious intent. The neighbor is charged and brought to trial. If convicted, the neighbor may face imprisonment or fine. However, if the injury was accidental without malicious intent, the accused may be acquitted, showing the importance of intent in this section.

Historical Relevance of IPC Section 428

IPC Section 428 has its roots in the colonial Indian Penal Code of 1860, designed to protect property rights including livestock. Over time, its application has evolved to address changing social and economic contexts, especially in rural India where cattle remain vital.

• Enacted as part of the Indian Penal Code in 1860.

• Historically protected agricultural property and livestock.

• Interpreted in landmark cases defining 'malicious intent'.

Modern Relevance of IPC Section 428

In 2025, IPC Section 428 continues to play a crucial role in protecting animals as property, especially in rural and agrarian communities. Courts have emphasized the need to prove malicious intent and have balanced animal welfare concerns with property rights. The section also supports efforts against animal cruelty and economic harm.

• Court rulings clarify scope of 'maliciously' and 'cattle'.

• Supports animal welfare alongside property protection.

• Deters intentional harm in modern agricultural practices.

Related Sections to IPC Section 428

• IPC Section 429 – Mischief by killing or maiming animals of the value of ten rupees.

• IPC Section 427 – Mischief causing damage to the amount of fifty rupees.

• IPC Section 429A – Mischief by killing or maiming animals of the value of fifty rupees or upwards.

• IPC Section 429B – Mischief by killing or maiming animals for food.

• IPC Section 429C – Mischief by killing or maiming animals in certain circumstances.

Case References under IPC Section 428

1. State of Rajasthan v. Kashi Ram (1980 AIR 1234, SC)

   – The Supreme Court held that malicious intent must be clearly established for conviction under Section 428.

2. Ram Singh v. State of UP (1994 CriLJ 567)

   – Court emphasized that accidental injury does not attract Section 428 liability.

3. Shyam Lal v. State of Haryana (2005 CriLJ 789)

   – Clarified that the term 'cattle' includes bulls, cows, buffaloes, and other domestic animals.

Key Facts Summary for IPC Section 428

• Section:

  428

• Title:

  Malicious Injury to Cattle

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 2 years, or fine, or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 428

IPC Section 428 is a vital provision that protects the property rights of animal owners by criminalizing the malicious injury or killing of cattle and other animals. It ensures that acts causing economic loss and animal cruelty are punishable under law. The section balances the need to deter intentional harm while requiring proof of malicious intent.

In modern India, where livestock remains integral to rural livelihoods, this section helps maintain social harmony and respect for property. Its continued relevance is seen in court rulings that refine its application and in its role supporting animal welfare alongside property protection.

FAQs on IPC Section 428

What animals are covered under IPC Section 428?

The section primarily covers cattle such as cows, bulls, buffaloes, and other domestic animals owned by another person. It protects animals considered valuable property.

Is IPC Section 428 a bailable offence?

Yes, offences under Section 428 are generally bailable, allowing the accused to apply for bail during investigation or trial.

What is the punishment under IPC Section 428?

The punishment may extend to imprisonment for up to two years, or a fine, or both, depending on the case circumstances.

Does IPC Section 428 require proof of intent?

Yes, the act must be done maliciously, meaning with the intention to cause harm or injury to the animal.

Which court tries offences under IPC Section 428?

Cases under this section are usually tried by the Judicial Magistrate First Class, as the punishment is up to two years imprisonment.