In a country where non-consensual physical contact with a woman or a child may rightly lead to years of imprisonment, a person who forcibly engages in carnal intercourse with a dog, goat, or cow or any animal at all may be let off with a mere fine of ₹50[1], a penalty which is far more lenient than which is prescribed for jumping a red light.
This disturbing gap results from a legal vacuum created when the Indian Penal Code[2] (IPC) was repealed and Bharatiya Nyaya Sanhita, 2023[3] (BNS) introduced.
While this legislatively decriminalised consensual same-sex relationships, it also removed the only clear legal provision which punished bestiality[4][5][6][7], the act of carnal intercourse between humans and animals.
Today, Indian criminal law says nothing specific about such acts and when law stays silent, it’s not being neutral, rather it seems like picking a side. This silence causes the most helpless victims (here the animals) to be left without any legal-protection. The cruelty continues and the law by looking away becomes instrumental to the harm.
A Pervasive, Unaddressed Crime
Bestiality is the carnal intercourse between human and animal. While it might seem like a minor/not-serious issue, incidents concerning animal’s sexual abuse are disturbingly frequent across India, with victims ranging from dogs[8] and cows[9] to goats[10] and even monitor lizards[11].
Studies reveals that bestiality is often linked to a history of abuse during childhood like sexual abuse, low education-levels, and emotional immaturity. In one case study[12] of an 18-year-old male who had intercourse with two calves, one of which died, a psychological evaluation found no guilt or remorse but revealed a history of being sexually abused as a child, voyeuristic tendencies, and an inability to delay gratification. He showed internalized hostility and a difficulty in forming healthy emotional attachments, instead seeking sexual gratification through relationships based on disproportionate power, such as with animals.
The Statutory Vacuum Post-IPC
For decades, Section 377 of the IPC[13] was the primary legal tool against bestiality, penalizing “carnal intercourse against the order of nature with any man, woman or animal” with punishments up to life imprisonment. In Navtej Singh Johar[14] case, Supreme Court explicitly upheld the provision’s applicability to bestiality.
However, BNS completely omitted Section 377, creating a dangerous legal-vacuum. Now, sexual intercourse with an animal is no longer a specific crime. Prosecution can only occur under other laws, like section 325 of the BNS[15] addresses “mischief by killing, poisoning, maiming or rendering useless any animal” and carries a punishment of up to five years. For a conviction, the animal must be permanently injured, made useless, or die, concerns arise that lesser acts of bestiality might not be punishable. Apart from that, The Prevention of Cruelty to Animals Act, 1960[16] is notoriously weak, with penalties as low as ₹10 to ₹50 for a first offence.
Rights, Sentience, and the Issue of Consent
The argument against bestiality is not merely about outdated morals or what is “against the order of nature.” It lays on fundamental principles of justice, consent, and public safety.
The impossibility of consent is an important issue, as animals cannot give informed, willing consent to sexual acts. They lack the ability to communicate willingness, making any sexual act exploitation of powerless beings. This aligns bestiality with other forms of non-consensual sexual acts, such as those involving children or individuals of unsound mind, who are also legally incapable of consenting.
Bestiality is also seen as a severe form of animal cruelty. It violates some of the five freedoms for animals[17]. The Supreme Court had equated these freedoms with fundamental rights, establishing that animals have the right to live[18].
The Link to Interpersonal Violence
Then we have the link to violence which is perhaps the most urgent reason for society to take bestiality seriously. Criminological and psychological studies have established a disturbing link between animal cruelty and interpersonal violence. A real-world example, a chilling case from Kerala showed a man accused in a brutal rape and murder case had a history of bestiality with goats and dogs, often killing them after the act. Had these earlier acts of animal abuse been treated with the seriousness they warranted, human tragedy could have been avoided.
The Path Forward
The omission of a specific law against bestiality in the BNS is not just a legal oversight, it is a societal failure that endangers both animals and humans. To address this, we need strict action, like :
- A specific law criminalizing all forms of sexual activity with animals being introduced into the BNS[19]. This would help close the current loophole and send a clear message that such acts are unacceptable.
- The law must view animals more than mere property with a monetary value. Inspired by judgments from the High Courts which declared animals to be legal entities[20], our legal framework should recognize them as sentient beings with the right to live free from harm.
- There’s a lack of awareness among the public and even law enforcement about the gravity of animal sexual abuse. Training and education are crucial for better reporting, investigation, and prosecution.
Bestiality is not a crime that exists in isolation. It is a dark facet of animal cruelty with proven connections to wider societal violence. By failing to criminalize it, we fail not only the animals but also ourselves. It is time to restore legal protection for the most vulnerable and confront this crime with the gravity it demands.
[1] The Prevention of Cruelty to Animals Act 1960, s 11.
[2] The Indian Penal Code 1860
[3] The Bharatiya Nyaya Sanhita 2023
[4] ‘Bestiality’ (Legal Information Institute, Cornell Law School, 2021) https://www.law.cornell.edu/wex/bestiality accessed 15 August 2025.
[5]Armstrong Legal, ‘Bestiality’ (Armstrong Legal) https://www.armstronglegal.com.au/criminal-law/act/offences/sexual-offences/bestiality/ accessed 3 September 2025.
[6] Jimmy Singh, ‘Beastiality and Bestiality Porn Laws’ (Lexology, 2024) https://www.lexology.com/library/detail.aspx?g=e5eb75ec-2354-4258-9045-7657526eaa99 accessed 11 August 2025.
[7] STDrapidtestkits.com, ‘Can You Get an STD from Bestiality?’ (STDrapidtestkits.com, 2024) https://www.stdrapidtestkits.com/blog/post/can-you-get-an-std-from-bestiality accessed 1 September 2025.
[8] Pankaj Jha and NDTV News Desk, ‘Lucknow Man Arrested After Bestial Act On Dog, His Friend Filmed It’ (NDTV, 9 August 2025) https://www.ndtv.com/india-news/lucknow-man-arrested-for-raping-dog-his-friend-filmed-act-9053153 accessed 2 September 2025.
[9] Rajesh Kumar et al, ‘Detection of Human Male DNA Profile from Non-Human Vaginal Mucous Swab: A Case Study of Bestiality’ (2021) 4(2) International Journal of Forensic Science.
[10] TNN, ‘Accused in Kerala rape case involved in bestiality with goats and dogs, killed them’ (Times of India, 20 June 2016) https://timesofindia.indiatimes.com/city/kochi/accused-in-kerala-rape-case-involved-in-bestiality-with-goats-and-dogs-killed-them/articleshow/52826884.cms accessed 13 August 2025.
[11] TNN, ‘Four held for “raping” Bengal monitor lizard in Maharashtra forest’ (Times of India, 14 April 2022) https://timesofindia.indiatimes.com/city/mumbai/four-held-for-raping-bengal-monitor-lizard-in-maharashtra-forest/articleshow/90846235.cms accessed 21 August 2025.
[12] ‘Delhi Teen in AIIMS after Sex with Calf’ (India Today, 21 December 2015) https://www.indiatoday.in/mail-today/story/delhi-teen-in-aiims-after-sex-with-calf-278340-2015-12-21 accessed 3 September 2025.
[13] The Indian Penal Code 1860
[14] Navtej Singh Johar v Union of India (2018) 10 SCC 1.
[15] The Bharatiya Nyaya Sanhita 2023, s 325.
[16] The Prevention of Cruelty to Animals Act 1960.
[17]World Organisation for Animal Health (WOAH), ‘Animal Welfare’ (World Organisation for Animal Health (WOAH)) https://www.woah.org/en/what-we-do/animal-health-and-welfare/animal-welfare/ accessed 5 September 2025.
[18] Constitution of India, art 21.
[19] The Bharatiya Nyaya Sanhita 2023.
[20] Sonia Shad, ‘Indian High Court Recognizes Nonhuman Animals As Legal Entities’ (Nonhuman Rights Project, 10 July 2019) https://www.nonhumanrights.org/blog/punjab-haryana-animal-rights/ accessed 6 September 2025.
Sneha Kumari is a III-year B.A. LL.B. (Hons.) student at Gujarat National Law University, Silvassa, with a keen interest in human rights and gender justice. She has authored several published works on inclusion and rights-based legal issues, and is passionate about animal welfare and justice, among other topics.
