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.
IPC Section 438 in BNS: Section 327(2)
Punishment for the mischief described in section 437 committed by fire or explosive substance
Section 438 of the Indian Penal Code, 1860 (Punishment for the mischief described in section 437 committed by fire or explosive substance) corresponds to Section 327(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 327(2) is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for life, or imprisonment for 10 years and fine.
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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.
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 327(2)
Full BNS Section 327 and every IPC section it replaced →
Other IPC sections now in BNS 327
- IPC 437: Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden → BNS 327
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