Introduction
In the transition from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS) in 2023, one provision silently disappeared — Section 377[1], which criminalised sexual acts “against the order of nature,” including bestiality. While much of the public discourse around Section 377 has rightly focused on its unjust use against the LGBTQ+ community, its complete omission has also inadvertently left animals without legal protection from sexual abuse.
A Troubling Legislative Gap
What is worrying is that this gap may not be the product of deep deliberation but of bureaucratic oversight. The removal of bestiality from India’s penal framework does not appear to be accompanied by any reasoned legislative explanation or alternative provision in the BNS. In effect, the act of sexually exploiting animals, though still morally abhorrent and socially condemned, is no longer an explicitly defined criminal offence under India’s current criminal code.
Contrast with Global Practice
This omission stands in sharp contrast to global practice. Many jurisdictions, from the UK to Canada and across the United States, have strengthened laws on animal sexual abuse, classifying it as both a criminal and animal cruelty offence.
Rationale for Stronger Laws
- Bestiality is an act of violence against a sentient being incapable of consent.
- It is a recognised indicator of psychosexual disorders that may escalate into crimes against humans.
- The absence of such deterrence in Indian law sends a dangerous signal that such acts fall into a grey zone of legality.
Cases of Bestiality Reported in India
India has witnessed multiple reported instances of bestiality over the past decade — from Kerala to Delhi and Uttar Pradesh — where animals were brutally assaulted. Some notable cases include:
| Year | Location | Description |
|---|---|---|
| 2020 | Najafgarh, Delhi | A stray dog was found sexually assaulted and killed[2]. |
| 2019 | Haryana | A pregnant goat died after being gang-raped[3]. |
These are not isolated aberrations but recurring acts of cruelty that currently fall through the cracks of criminal law.
Existing Legal Framework and Its Limitations
While the Prevention of Cruelty to Animals Act, 1960[4], could theoretically be invoked, its penalties — often limited to a few hundred rupees — are outdated and grossly inadequate for such grave acts. The absence of a specific penal provision leaves enforcement agencies without a clear legal basis to prosecute offenders effectively.
A Call for Legislative Reform
It is imperative that lawmakers reintroduce a specific provision penalising bestiality, not as a moral issue but as a necessary legal safeguard. A modern justice system cannot claim to protect the vulnerable while ignoring some of the most defenceless beings in society — its animals.
End Notes:
- https://kanoongpt.in/bare-acts/the-indian-penal-code-1860/chapter-xi-to-xx-chapter-xvi-of-unnatural-offences-section-377-d49f9d72a37093d1
- https://www.indiatoday.in/mail-today/story/delhi-taxi-driver-rapes-female-puppy-animal-cruelty-pervert-1034748-2017-08-30
- https://www.business-standard.com/article/news-ani/pregnant-goat-dies-after-being-gang-raped-by-8-men-in-haryana-118072900032_1.html
- https://kanoongpt.in/bare-acts/the-prevention-of-cruelty-to-animals-act-1960
