Clause-325 : Bail Provision
Updated on September 15, 2025 11:06:11 AM
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 Section 325 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:
Securing the right legal assistance is the first and most crucial step in navigating the bail process for a cheating offense. Engaging an experienced lawyer ensures you are guided every step of the way, from understanding your rights to preparing a strong bail application.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
Your lawyer will ensure that the bail application is drafted in a very professional way, this is because the slightest error will not be acceptable. Every necessary document and information will be entered and the reasons for releasing you, and the amount of bail that should be paid will be stated clearly. This allows you a flawless and in-depth overview of your application to ensure that it is well developed with no loopholes left behind. Also, your lawyer will handle every unavoidable legal procedure, the requirement of the application being submitted to the right authority and much more to increase chances of success on your side.
If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest.
The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.
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 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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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.
The Bharatiya Nyaya Sanhita is the official criminal code in the Republic of India which came into effect on 1 July, 2024 after being approved in December 2023 by Indian Parliament.
Terrorism, Rape, Murder, Kidnapping, and Abduction are some of the criminal 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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