IPC 425 to BNS 324(1): Mischief
Section 425 IPC (1860) replaced by Section 324(1) BNS (2023)
IPC 425 to BNS 324(1) at a Glance
Section 425 IPC (Mischief) is now Section 324(1) BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 425 to BNS 324(1)?
Section 425 IPC corresponds to Section 324(1) BNS. Section 324(1) BNS reproduces the definition, Explanations, and illustrations of Section 425 IPC without substantive change. While the definition remains the same, the Bharatiya Nyaya Sanhita, 2023 consolidates the definition and the entire hierarchy of penalties for mischief into Section 324 BNS, where the base punishment under Section 324(2) BNS rises from three months to six months imprisonment.
IPC 425 vs BNS 324(1): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 425 | 324(1) |
| Offence | Mischief | Same |
| Punishment | None of its own. Section 425 IPC defines mischief and prescribes no punishment. Liability to punishment arises under Section 426 IPC, which provides imprisonment of either description for up to three months, or fine, or both. | None of its own. Section 324(1) BNS defines mischief and prescribes no punishment. Punishment for general mischief arises under Section 324(2) BNS, which provides imprisonment of either description for up to six months, or fine, or both. |
| Fine | None of its own. Fines are prescribed under the punishing section, Section 426 IPC. | None of its own. Fines are prescribed under the punishing sub-sections, starting with Section 324(2) BNS. |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 425 and BNS 324(1): Bare Act Text Side by Side
IPC 1860 (repealed)
Section 425, IPC 1860
425. Mischief.—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.
BNS 2023 (in force)
Section 324(1), BNS 2023
(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.
Ingredients: IPC 425 vs BNS 324(1)
Under IPC 425
- Causing the destruction of any property, or any change in property or in the situation thereof
- The change destroys or diminishes the value or utility of the property, or affects it injuriously
- The act was done with intent to cause, or knowing that it was likely to cause, wrongful loss or damage to the public or to any person
- The act affects property whether belonging to the person injured, to the accused himself, or to the accused and others jointly
Under BNS 324(1)
- Destruction of property or an injurious change in property or its situation
- Destruction or diminution of the value or utility of the property
- Intention or knowledge of likely wrongful loss or damage to the public or any person under Section 324(1) BNS
What IPC 425 to BNS 324(1) Means for Pending Cases
For Section 425 IPC (now Section 324(1) BNS): under Section 324(1) BNS, the statutory definition of mischief remains unchanged, so formal charges for causing injurious damage to property cite Section 324 BNS while applying the same substantive test as before.
FAQs: IPC 425 to BNS 324(1)
What changed from Section 425 IPC to Section 324(1) BNS?▼
Section 324(1) BNS retains the definition, Explanations, and illustrations of Section 425 IPC without change in substance. The broader reform consolidates the definition and punishments into Section 324 BNS, where the base punishment under Section 324(2) BNS is increased to six months.
Where does Section 425 IPC sit in the Bharatiya Nyaya Sanhita?▼
Section 425 IPC is located at Section 324(1) BNS, in Chapter XVII, Of Offences Against Property, under the heading Of mischief.
Does Section 425 IPC or Section 324(1) BNS apply to an act done before 1 July 2024?▼
Section 425 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 425 IPC. Section 324(1) BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·