324. (1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations. (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. (f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief. (2) Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or Local Authority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
IPC Section 426 in BNS: Section 324
Punishment for mischief
Section 426 of the Indian Penal Code, 1860 (Punishment for mischief) corresponds to Section 324 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 324(2) is non-cognizable, bailable, triable by Any Magistrate; punishment: Imprisonment for 6 months, or fine, or both.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 324(2) | Mischief. | Imprisonment for 6 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
| 324(3) | Mischief causing loss or damage to any property including property of Government or Local Authority. | Imprisonment for 1 year, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
| 324(4) | Mischief causing loss or damage to the amount of twenty thousand rupees but less than 2 lakh rupees. | Imprisonment for 2 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
| 324(5) | Mischief causing loss or damage to the amount of one lakh rupees or upwards. | Imprisonment for 5 years, or fine, or both. | Cognizable | Bailable | Magistrate of the first class |
| 324(6) | Mischief with preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint. | Imprisonment for 5 years, and fine. | Cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 324
Full BNS Section 324 and every IPC section it replaced →
Other IPC sections now in BNS 324
- IPC 425: Mischief → BNS 324
- IPC 427: Mischief causing damage to the amount of fifty rupees → BNS 324(4)
- IPC 440: Mischief committed after preparation made for causing death or hurt → BNS 324(6)
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