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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XVII: Of Offences Against Property

Section 326 BNS: Mischief by injury, inundation, fire or explosive substance, etc

Corresponding IPC
Section 430, 431, 432, 433, 434, 435, 436 IPC
Punishment
(a)-(c) up to 5 years, or fine, or both; (d) navigation signs: up to 7 years, or fine, or both; (e) land-mark: up to 1 year, or fine, or both; (f) fire/explosive damaging property: up to 7 years and fine; (g) fire/explosive destroying worship, dwelling or custody building: life or up to 10 years, and fine
Note
Merges IPC 430-436 into one section.

Classification of offence

SectionCognizable?Bailable?Triable by
326(a)CognizableBailableMagistrate of the first class
326(b)CognizableBailableMagistrate of the first class
326(c)CognizableBailableMagistrate of the first class
326(d)CognizableBailableMagistrate of the first class
326(e)Non-cognizableBailableAny Magistrate
326(f)CognizableBailableMagistrate of the first class
326(g)CognizableNon-bailableCourt of Session

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Mischief is punished more severely when committed in certain ways. Reducing the water supply for agriculture, drink, cleanliness or manufacture; making a public road, bridge or navigable channel impassable or less safe; or causing an inundation or obstructing public drainage with damage carries imprisonment up to five years, or fine, or both. Destroying or moving a navigation sign or signal for rail, aircraft or ship, or making it less useful, carries up to seven years, or fine, or both. Destroying or moving a land-mark fixed by a public servant’s authority carries up to one year, or fine, or both. Mischief by fire or explosive substance intending or knowing it likely to damage property, including agricultural produce, carries up to seven years and fine. Mischief by fire or explosive substance intending or knowing it likely to destroy a place of worship, human dwelling or place for custody of property carries life imprisonment or up to ten years, and fine.

Chapter XVII: Of Offences Against Property

  1. 303 Theft
  2. 304 Snatching
  3. 305 Theft in a dwelling house, or means of transportation or place of worship, etc
  4. 306 Theft by clerk or servant of property in possession of master
  5. 307 Theft after preparation made for causing death, hurt or restraint in order to committing of theft
  6. 308 Extortion
  7. 309 Robbery
  8. 310 Dacoity
  9. 311 Robbery, or dacoity, with attempt to cause death or grievous hurt
  10. 312 Attempt to commit robbery or dacoity when armed with deadly weapon
  11. 313 Punishment for belonging to gang of robbers, etc
  12. 314 Dishonest misappropriation of property
  13. 315 Dishonest misappropriation of property possessed by deceased person at the time of his death
  14. 316 Criminal breach of trust
  15. 317 Stolen property
  16. 318 Cheating
  17. 319 Cheating by personation
  18. 320 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
  19. 321 Dishonestly or fraudulently preventing debt being available for creditors
  20. 322 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
  21. 323 Dishonest or fraudulent removal or concealment of property
  22. 324 Mischief
  23. 325 Mischief by killing or maiming animal
  24. 326 Mischief by injury, inundation, fire or explosive substance, etc
  25. 327 Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
  26. 328 Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
  27. 329 Criminal trespass and house-trespass
  28. 330 House-trespass and hous-ebreaking
  29. 331 Punishment for house-trespass or house-breaking
  30. 332 House-trespass in order to commit offence
  31. 333 House-trespass after preparation for hurt, assault or wrongful restraint
  32. 334 Dishonestly breaking open receptacle containing property