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Shimla, April 27,
A ruling clarifying the scope of Section 270 of the IPC, the Himachal Pradesh High Court has held that burying a dead animal, even without the landowner’s consent, does not amount to a criminal act of spreading infection unless clear malicious intent is established.
The Verdict pronounced recently by the high court upheld the acquittal of an accused who had been charged with committing a “malignant act” likely to spread infection after burying a dead cow on another person’s land.
Justice Sandeep Sharma, while dismissing the State’s appeal, ruled that the prosecution failed to prove that the accused acted with intention or knowledge that his act could spread a life-threatening disease—an essential requirement under Section 270 IPC.
Also read:Himachal under SC scrutiny for Illegal Animal Sacrifices, Grants four weeks for reply
The case dates back to 2009, when the accused buried the carcass in a pit near a structure owned by the complainant. While the prosecution alleged that the act was deliberate and hazardous, the court found no credible evidence to support claims of infection risk or negligent burial.
The court observed that burial of dead animals is a customary rural practice and, in fact, prevents exposure-related health risks. It noted that no complaints of foul smell, contamination, or disease outbreak were reported, and the carcass had been properly covered.
Significantly, the court held that mere trespass or burial on another’s land, without proof of malicious intent to spread infection, cannot attract penal provisions under Section 270 IPC.
With these observations, the High Court affirmed the trial court’s acquittal and dismissed the State’s appeal.
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