327. (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.
BNS Section 327: Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
Section 327 of the Bharatiya Nyaya Sanhita, 2023 deals with mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. It replaces IPC 437, IPC 438 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 327(1) is cognizable and non-bailable; 327(2) is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable 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: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 327
IPC sections replaced
- IPC 437: Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden
- IPC 438: Punishment for the mischief described in section 437 committed by fire or explosive substance → BNS 327(2)
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