Burial Of Animal Near Religious Structure Not Offence U/S 270 IPC Without Any Infection Risk: Himachal Pradesh High Court

The Himachal Pradesh High Court held that the alleged burial of a dead animal near a Chabutra used for offering water to the ancestors does not attract liability under Section 270 IPC. The Court remarked that the provision is concerned with acts likely to spread infectious disease and not with injury to religious feelings.Justice Sandeep Sharma remarked that: “Though prosecution attempted to argue that by burying dead animal near Chabutra, which was allegedly raised to offer water to the ancestors of complainant, accused attempted to hurt the religious faith of the complainant but such action if any, will not make accused liable for being charged under Section 270 of IPC.”Background: The prosecution alleged that the accused buried a dead cow on the complainant's land near a religious structure (Nallu/Chabutra), thereby creating a potential risk of infectious disease. The trial court acquitted the accused under Section 270 IPC but convicted him under Section 447 IPC (criminal trespass), which was later compounded. Aggrieved, the State challenged the acquittal under Section 270 IPC before the High Court.The Court reiterated that under Section 270 IPC mere performance of an act is insufficient unless accompanied by intent or knowledge of likely infection. It noted that the prosecution failed to establish that the accused acted with the intention or knowledge required under Section 270 IPC. Further the Court stated that that the prosecution did not claim that burying or burning dead animals was unusual in the locality. There was also no allegation that the cow was buried near a water source causing contamination, or that any foul smell or health issue was reported by residents. The Court rejected the prosecution's contention that burial near a religious structure hurt the complainant's sentiments is irrelevant under Section 270 IPC. Thus, the High Court upheld the acquittal and dismissed the State's Appeal. Case Name: State of Himachal Pradesh V/s Gaurav SharmaCase No.: Criminal Appeal No.317 of 2011Date of Decision: 28.02.2026 For the petitioner: Mr.Rajan Kahol, Mr. Vishal Panwar Additional Advocate Generals and Mr. Ravi Chauhan and Mr. Anish Banstu, Deputy Advocates Generals.For the Respondent: Mr. Ajay Sharma, AdvocateClick Here To Read/Download Order

Burial Of Animal Near Religious Structure Not Offence U/S 270 IPC Without Any Infection Risk: Himachal Pradesh High Court

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