IPC 426→BNS 324(2)

IPC 426 to BNS 324(2): Punishment for mischief

Section 426 IPC (1860) replaced by Section 324(2) BNS (2023)

View IPC Section 426 →View BNS Section 324(2) →

IPC 426 to BNS 324(2) at a Glance

Section 426 IPC (Punishment for mischief) is now Section 324(2) BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 426 to BNS 324(2)?

Section 426 IPC corresponds to Section 324(2) BNS. The words are carried over unchanged except that the maximum term of imprisonment rises from three months to six months. The alternative of fine, or of both, is retained.

IPC 426 vs BNS 324(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section426324(2)
OffencePunishment for mischiefSame
PunishmentImprisonment of either description for a term which may extend to three months.Imprisonment of either description for a term which may extend to six months.
FineThe court may impose fine alone, or fine in addition to imprisonment.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 426 and BNS 324(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 426, IPC 1860

426. Punishment for mischief.—Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
BNS 2023 (in force)

Section 324(2), BNS 2023

(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.

Ingredients: IPC 426 vs BNS 324(2)

Under IPC 426
  1. The accused committed mischief as defined in Section 425 IPC
  2. The accused caused the destruction of any property, or such change in any property or in its situation as destroys or diminishes its value or utility, or affects it injuriously
  3. The accused intended to cause, or knew that he was likely to cause, wrongful loss or damage to the public or to any person
Under BNS 324(2)
  1. Commission of mischief as defined in Section 324(1) BNS
  2. Punishment under Section 324(2) BNS of imprisonment of either description for up to six months, or with fine, or with both

What IPC 426 to BNS 324(2) Means for Pending Cases

For Section 426 IPC (now Section 324(2) BNS): under Section 324(2) BNS, mischief carries imprisonment of up to six months instead of three months. A charge for an act done after the BNS came into force cites Section 324(2) BNS.

FAQs: IPC 426 to BNS 324(2)

What changed from Section 426 IPC to Section 324(2) BNS?▼

The maximum term of imprisonment rises from three months to six months. The rest of the provision is unchanged.

Where does Section 426 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 426 IPC is located at Section 324(2) BNS, in Chapter XVII, Of Offences Against Property, under the heading Of mischief.

Does Section 426 IPC or Section 324(2) BNS apply to an act done before 1 July 2024?▼

Section 426 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 426 IPC. Section 324(2) 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 ·