Bharatiya Nyaya Sanhita, 2023

BNS Section 327

Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden

In one line

BNS Section 327 deals with mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden and replaces IPC 437 (now 327(1)), IPC 438 (now 327(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
327(1)Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tonnes burden.Imprisonment for 10 years and fine.Cognizable.Non-bailable.Court of Session.
327(2)The mischief described in the last section when committed by fire or any explosive substance.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 327

327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.

(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), 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 437 → BNS 327(1): Formal changes, but essence is same-"rail, aircraft" are added in the heading.
  • IPC 438 → BNS 327(2): IPC section is included as a sub-section sans heading.

Frequently asked

What was BNS Section 327 in the IPC?

BNS Section 327 (Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden) replaces Sections 437, 438 of the Indian Penal Code, 1860. IPC 437 is now BNS 327(1). IPC 438 is now BNS 327(2).

What is the punishment under BNS 327(1)?

Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tonnes burden – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

What is the punishment under BNS 327(2)?

The mischief described in the last section when committed by fire or any explosive substance – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

Is BNS 327 bailable?

Non-bailable: BNS 327(1), 327(2). 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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