Bharatiya Nyaya Sanhita, 2023
BNS Section 326
Mischief by injury, inundation, fire or explosive substance, etc
In one line
BNS Section 326 deals with mischief by injury, inundation, fire or explosive substance, etc and replaces IPC 430 (now 326(a)), IPC 431 (now 326(b)), IPC 432 (now 326(c)), IPC 433 (now 326(d)), IPC 434 (now 326(e)), IPC 435 (now 326(f)), IPC 436 (now 326(g)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 326(a) | Mischief by causing diminution of supply of water for agricultural purposes, etc. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 326(b) | Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 326(c) | Mischief by causing inundation or obstruction to public drainage attended with damage. | Imprisonment for 5 years, or with fine, or with both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 326(d) | Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 326(e) | Mischief by destroying or moving, etc., a landmark fixed by public authority. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 326(f) | Mischief by fire or explosive substance with intent to cause damage. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 326(g) | Mischief by fire or explosive substance with intent to destroy a house, etc. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 326
326. Mischief by injury, inundation, fire or explosive substance, etc.
Whoever commits mischief by,— (a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; (e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; (f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What changed from the IPC
- IPC 430 → BNS 326(a): IPC section is included as a sub-section sans heading.
- IPC 431 → BNS 326(b): Words "whoever commits mischief" is excluded.
- IPC 431 → BNS 326(b): Section is included as a sub-section sans heading.
- IPC 432 → BNS 326(c): IPC section is included as a sub-section sans heading.
- IPC 433 → BNS 326(d): words "light house or other light used as sea marks or any sea mark or buoy" are replaced by "any sign or signal used for navigation of rail, aircraft, or ship," thus the scope is widened immensely.
- IPC 434 → BNS 326(e): IPC section is included as a sub-section sans heading.
- IPC 435 → BNS 326(f): Words "including agricultural produce" added.
- IPC 436 → BNS 326(g): IPC section is included as a sub-section sans heading.
Frequently asked
What was BNS Section 326 in the IPC?
BNS Section 326 (Mischief by injury, inundation, fire or explosive substance, etc) replaces Sections 430, 431, 432, 433, 434, 435, 436 of the Indian Penal Code, 1860. IPC 430 is now BNS 326(a). IPC 431 is now BNS 326(b). IPC 432 is now BNS 326(c). IPC 433 is now BNS 326(d). IPC 434 is now BNS 326(e). IPC 435 is now BNS 326(f). IPC 436 is now BNS 326(g).
What is the punishment under BNS 326(a)?
Mischief by causing diminution of supply of water for agricultural purposes, etc – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 326(b)?
Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 326(c)?
Mischief by causing inundation or obstruction to public drainage attended with damage – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 326(d)?
Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 326(e)?
Mischief by destroying or moving, etc., a landmark fixed by public authority – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 326(f)?
Mischief by fire or explosive substance with intent to cause damage – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 326(g)?
Mischief by fire or explosive substance with intent to destroy a house, etc – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 326 bailable?
Bailable: BNS 326(a), 326(b), 326(c), 326(d), 326(e), 326(f). Non-bailable: BNS 326(g). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 321 — Dishonestly or fraudulently preventing debt being available for creditors
- BNS 322 — Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
- BNS 323 — Dishonest or fraudulent removal or concealment of property
- BNS 324 — Mischief
- BNS 325 — Mischief by killing or maiming animal
- BNS 327 — Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
- BNS 328 — Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
- BNS 329 — Criminal trespass and house-trespass
- BNS 330 — House-trespass and house-breaking
- BNS 331 — Punishment for house-trespass or house-breaking