Updated on December 27, 2024 12:41:26 PM
Clause 325 of BNS defines the Mischief by killing and maiming animal that is now replaced by Section 428 of Indian Penal Act. Mischief with animal sounds very generic but it is also a punishable offence when intentally maiming and killing an animal. For this offence, the accused may be fined or imprisoned. The punishment may also vary depending on the type of animal and the severity of the act. Animal cruelty is a serious issue and should be treated seriously.
However, the accused cannot found guilty until they found guilty only after they have been convicted in a court of law. In this article, we will go through the complete explanation of the Mischief according to Clause 325 of BNS, punishments, penalties and bail provision. Join us to understand the legal terms to comprehend the practical consequences.
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Here, is an overview of Clause 98 of BNS given below:
| Offence | Mischief by killing and maiming animal |
|---|---|
| Clause under BNS | Clause 325 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment till 5 years or Fine or Both |
| Triable | Police station or Any Magistrate |
Clause 325 of BNS clearly defines that -“ Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.”
The BNS's clause 325 covers misbehaviour committed with animals. It provides that anybody who causes mischief by poisoning, killing, wounding, or crippling any animal faces a maximum sentence of three years in prison, a fine, or both. The regulation aims to prohibit acts of cruelty or harm inflicted against animals, respecting their inherent worth.
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Mischief with any animal is addressed by clause 325, which establishes both punitive measures and a bail procedure. As a result of the legal provision, mischief-related crimes are treated as serious offences by stipulating appropriate punishments. A fair and just legal process is also ensured by the outlined bail procedure. Clause 325 emphasizes the importance of maintaining societal order while respecting the rights of the accused, striking a balance between accountability and due process.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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