How to File an FIR for Animal Cruelty in India (2026 Guide)

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Laws can change. Last checked against official sources on 08-10-2026. This is general information, not legal advice; for a specific case, consult a lawyer.

If someone kills, poisons or seriously injures an animal, you can go to the police and ask them to register a First Information Report (FIR). Whether the police must register one depends on the offence. This guide explains which cruelty offences are covered, how to file, and what to do if the police refuse. For more on caring for dogs, visit our dog hub.

The two laws that matter

  • Bharatiya Nyaya Sanhita (BNS), 2023, section 325: “Mischief by killing or maiming animal”. [S1] It replaced sections 428 and 429 of the old Indian Penal Code, raised the maximum prison term from two years to five years, and applies to “any animal”. [S2]
  • Prevention of Cruelty to Animals (PCA) Act, 1960, section 11: covers cruelty such as beating, kicking, overloading or torturing an animal so as to cause unnecessary pain or suffering. [S3] The penalty for a first offence is a fine of Rs 10 to Rs 50. [S4] That’s why serious cases are usually filed under BNS section 325.

Will the police have to register an FIR?

Police must register an FIR for a cognizable offence. [S5] According to the Animal Welfare Board of India’s law enforcement handbook: [S5]

  • Cognizable: BNS section 325 (killing, poisoning, maiming or rendering useless any animal), and PCA Act section 11(1)(l) (mutilating or killing an animal), 11(1)(n) and 11(1)(o).
  • Non-cognizable: PCA Act section 11(1)(a) to (k), which covers most everyday cruelty such as beating, overloading or keeping an animal without food or shelter.

For a non-cognizable offence, police can’t investigate without a Magistrate’s order. You can still report it, and you can approach a Magistrate directly.

How to file the FIR

  1. Go to any police station. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, an FIR can be filed at any police station, regardless of where the offence happened (a “Zero FIR”). [S6]
  2. Or report it electronically. You can report by electronic communication without visiting a station. [S6] You must sign within three days. [S5]
  3. Tell them clearly what happened: date, time, place, what was done to the animal, who did it if known, and witnesses. Information can be given orally, and the police write it down. [S5]
  4. Name the sections: BNS section 325, and the PCA Act section 11 clauses that apply.
  5. Get your copy. You’re entitled to a free copy of the FIR. [S6]

Evidence that helps

  • Photos and videos, with the date and time visible if possible
  • A vet’s report or post-mortem, if the animal was injured or died
  • Names and phone numbers of witnesses
  • Any previous complaints about the same person

If the police refuse

  1. Write to the Superintendent of Police. Under BNSS section 173(4), you can send the information in writing to the SP. If it shows a cognizable offence, the SP must investigate or direct an investigation. [S5]
  2. Approach the Magistrate. Under BNSS section 175(3), a Magistrate can order an investigation on your complaint. [S5]
  3. Keep records of when you went, who you spoke to and what they said.

Animal welfare organisations in your area can often help with the paperwork. AWBI’s office can be reached on 0129-2555700. See our animal cruelty helpline guide.

The Pawsitive Hoomans Take

Go to the police with a calm, written account and your evidence, and name BNS section 325 for killing, poisoning or maiming. Police are much more likely to act on a clear, organised complaint than on an angry one. If they refuse, the SP and the Magistrate are your next steps.

🐾 Keep vet reports and records for the animals you care for in a free Pet Passport. A paper trail helps if you ever need to complain.

Read more: how to report animal cruelty in India.

Frequently asked questions

Is animal cruelty a cognizable offence?

Killing, poisoning or maiming an animal (BNS section 325) is cognizable, as are PCA Act sections 11(1)(l), (n) and (o). Most other cruelty under section 11 is non-cognizable. [S5]

Which section replaced IPC 428 and 429?

BNS section 325, “Mischief by killing or maiming animal”. [S1] [S2]

Can I file an FIR at any police station?

Yes. Under the BNSS, an FIR can be filed at any police station, regardless of where the offence happened. [S6]

What if the police refuse to file an FIR?

Send the information in writing to the Superintendent of Police, or approach a Magistrate. [S5]

Sources and last checked

  • [S1] Bharatiya Nyaya Sanhita, 2023 – indiacode.nic.in (PDF) – Last checked: 08-10-2026
  • [S2] Kerala Prisons and Correctional Services, comparison summary of BNS and IPC – keralaprisons.gov.in (PDF) – Last checked: 08-10-2026
  • [S3] Prevention of Cruelty to Animals Act, 1960, section 11(1)(a) (published by AWBI) – awbi.gov.in (PDF) – Last checked: 08-10-2026
  • [S4] Press Information Bureau, 25 March 2025 – pib.gov.in – Last checked: 08-10-2026
  • [S5] Animal Welfare Board of India, Law Enforcement Handbook on Animal Welfare Laws – awbi.gov.in (PDF) – Last checked: 08-10-2026
  • [S6] Press Information Bureau, 30 July 2024, on the new criminal laws – pib.gov.in – Last checked: 08-10-2026

Disclaimer: PawsitiveHoomans is an independent information resource and is not affiliated with the police, AWBI or any government body. This is general information, not legal advice.