Silent Suffering: Why India Needs a Dedicated Law Against the Sexual Abuse of Animals

Abstract

Sexual abuse of animals, or bestiality, is one of the most extreme yet overlooked forms of cruelty in India. Bestiality was once regulated by Section 377 of the Indian Penal Code, which made “carnal intercourse against the order of nature” illegal with any man, woman, or animal. However, this law was entirely repealed during the transition to the Bharatiya Nyaya Sanhita (BNS) in 2023. As a result, there is now a severe legal gap where those who commit bestiality cannot be prosecuted under any penal laws.

Enforcement agencies are left relying on the 1960 Prevention of Cruelty to Animals Act (PCA), which is rarely applied, especially for first-time offenders who might face fines of only ₹50–₹100, or no penalty at all. This greatly reduces the seriousness of sexual violence against animals.

This report argues that bestiality should be recognized as cruelty. It is a distinct form of sexual violence that is inherently non-consensual and has serious physical and psychological effects on victims. Forensic veterinary evidence shows that survivors often suffer from genital injuries, sexually transmitted infections, and behavioral changes linked to trauma. This situation calls for special methods for investigating and prosecuting bestiality cases. Furthermore, criminology research shows alarming connections between animal sexual abuse and other types of violence, especially child sexual assault and domestic violence. Therefore, animal welfare must be viewed as a public safety issue.

Forensic science is crucial in achieving justice in bestiality cases. It includes veterinary forensic protocols such as DNA identification, collecting trace evidence, photographing injuries, and testing for zoonotic STDs. Forensic science can create undeniable links between offenders and their animal victims. Digital forensics is becoming more important as many cases are documented or shared online. However, forensic science is not standard practice in India because there is no law mandating these procedures.

Overall, this report emphasizes that the lack of laws explicitly criminalizing bestiality represents a significant gap in animal welfare and criminal law in India. To ensure that India’s laws align with the rights and values outlined in the Constitution, its commitments under various international conventions, and its responsibilities to the voiceless, there needs to be a specific anti-bestiality law. This law should include a series of graded offenses, mandatory forensic analysis, clear sentencing guidelines, and provisions for fines and remedial orders. Remaining inactive only continues a cycle of silence and suffering, undermining not only the well-being of animals but also the fundamental ideals of justice and compassion that should define the Indian Republic.

Introduction

There was suffering and screaming, there was so much pain…. But no one could hear me. No one noticed, and no one seemed bothered about it.

This is the reality of thousands of animals in India who fall prey to the unthinkable crime of sexual abuse — bestiality. Of course there is an entire faction of people fighting for many other rights, but what about the rights of animals? A silent population is left behind — animals whose bodies are vitiated, whose lives are destroyed, and whose pains are met with silence. It truly hurts even to think about the unspeakable acts done by humans to animals. Where did we go wrong?

It is a crime that lurks in the dark, a crime that, for many, is too troubling to fathom, less to converse about. A stray dog, shivering after the attack. A cow with injuries and no verifiable explanation. A parrot that no longer vocalizes. The victims cannot speak, cannot name their abuser, cannot walk into a courtroom and recount their nightmare. They are suffering in silence.

In a nation filled with rich cultural diversity lies the heinous act in empty alleys, isolated barns, and detached roads. The absence of clear laws allows predators to commit such a vicious crime and walk away with minimal punishment, sometimes with just a fine. India, despite having such a proactive constitution, has failed to protect these unheard creatures, and it is time we address this, take steps to prevent these acts, and normalize empathy for them.

There is no explicit penal provision in India as of the Bharatiya Nyaya Sanhita (BNS) drafted in 2023. The erstwhile IPC Section 377 was amended and has removed the ‘unnatural offences’ clause without replacement. Today, sexual abuse is prosecuted, if at all, under deficient and anachronistic provisions for cruelty under the Prevention of Cruelty to Animals Act, 1960.

Such an absence is not simply an oversight of provisions in the law; it is a moral and societal failure. This report seeks to build a case for dedicated legislation in India addressing sexual abuse of animals in a distinct manner: explicit, actionable, and survivor-centric; combining criminal justice and forensic science to ensure perpetrators of sexual abuse are caught, prosecuted, and punished.

The Current Legal Vacuum

1. IPC to BNS — The Disappearance of Section 377

   Section 377 of the Indian Penal Code called for the crime of “carnal intercourse against the order of nature” with any man, woman or animal. In 2018, the Supreme Court very narrowly read down the provision in Navtej Singh Johar v. Union of India to decriminalize consensual adult same-sex relationships, but nevertheless retained it entirely in the case of bestiality and non-consensual acts.

   Now however, the IPC being replaced with the Bharatiya Nyaya Sanhita, the provision completely disappeared. It is then very notable that the BNS does not even contain any explicit section which stipulates the crime of sexual intercourse with animals.

   The police and prosecutors are thus left to make use of the PCA Act — legislation from 1960 and designed to address cases of physical cruelty beyond excessive corporal punishment like beating, starvation, or overload of the animal. In making available these provisions, the punishment infrequently exceeds laughably low fines of between ₹50 to ₹100 for first time offences.

    

2. The PCA Act’s Inadequacy

   The PCA Act was innovative in 1960 when enacted. Unfortunately, it has not evolved to meet our collective understanding of animal welfare, sentience, and animal rights. The structure of offences and penalties trivializes serious harm caused to animals. In instances of sexual abuse, for example, using the general cruelty provisions diminishes the seriousness of the sexual abuse by treating it, legally, in the same manner as neglect or inadequate shelter.

   In the past, we have attempted to amend the PCA Act to develop “gruesome cruelty” offences with stricter punishment (up to 5 years imprisonment) and to explicitly include bestiality. The proposed acts for gruesome cruelty are yet to effectively be settled or are introduced inconsistently from state to state.