IPC 434 in BNS: Find the New Section and What Changed

What Changed From IPC 434 to BNS 326(e)?

Section 434 IPC corresponds to Section 326(e) BNS. Section 326(e) BNS reproduces the operative provisions of Section 434 IPC without substantive change, punishing anyone who commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such. The punishment of imprisonment of either description for up to one year, or fine, or both, remains unchanged.

IPC 434 vs BNS 326(e): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	434	326(e)
Offence	Mischief by destroying or moving, etc., a land-mark fixed by public authority	Same
Punishment	Imprisonment of either description for a term which may extend to one year.	Same
Fine	The court may impose fine alone, or fine in addition to imprisonment.	Same
Bail	Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Any Magistrate	Same

IPC 434 and BNS 326(e): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 434, IPC 1860

434. Mischief by destroying or moving, etc., a land-mark fixed by public authority.—Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

BNS 2023 (in force)

Section 326(e), BNS 2023

Whoever commits mischief by,— (e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both;

Ingredients: IPC 434 vs BNS 326(e)

Under IPC 434

The accused committed mischief as defined in Section 425 IPC
The land-mark was fixed by the authority of a public servant
The act destroyed or moved the land-mark, or rendered such land-mark less useful as such

Under BNS 326(e)

Commission of mischief by destroying or moving any land-mark fixed by the authority of a public servant
Commission of mischief by any act rendering such land-mark less useful as such
Punishment under Section 326(e) BNS of imprisonment of either description for up to one year, or with fine, or with both

What IPC 434 to BNS 326(e) Means for Pending Cases

For Section 434 IPC (now Section 326(e) BNS): under Section 326(e) BNS, the elements of the offence and the punishment are unchanged from Section 434 IPC. A charge for an act done after the BNS came into force cites Section 326(e) BNS.

FAQs: IPC 434 to BNS 326(e)

What changed from Section 434 IPC to Section 326(e) BNS?▼

Nothing of substance. Section 326(e) BNS retains the exact wording of Section 434 IPC, and the penalty of up to one year of imprisonment, or fine, or both, is unchanged.

Where does Section 434 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 434 IPC is located at Section 326(e) BNS, in Chapter XVII, Of Offences Against Property, under the heading Of mischief.

Does Section 434 IPC or Section 326(e) BNS apply to an act done before 1 July 2024?▼

Section 434 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 434 IPC. Section 326(e) BNS governs acts done on or after 1 July 2024.

IPC 434 to BNS 326(e): Mischief by destroying or moving, etc., a land-mark fixed by public authority

IPC 434 to BNS 326(e) at a Glance