IPC 436 to BNS 326(g): Mischief by fire or explosive substance with intent to destroy house, etc
Section 436 IPC (1860) replaced by Section 326(g) BNS (2023)
IPC 436 to BNS 326(g) at a Glance
Section 436 IPC (Mischief by fire or explosive substance with intent to destroy house, etc) is now Section 326(g) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 436 to BNS 326(g)?
Section 436 IPC corresponds to Section 326(g) BNS. Section 326(g) BNS reproduces the provisions of Section 436 IPC without substantive change, punishing anyone who commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building ordinarily used as a place of worship, as a human dwelling or as a place for the custody of property. The punishment of imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine, remains unchanged.
IPC 436 vs BNS 326(g): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 436 | 326(g) |
| Offence | Mischief by fire or explosive substance with intent to destroy house, etc | Same |
| Punishment | Imprisonment for life, or imprisonment of either description for a term which may extend to ten years. | Same |
| Fine | The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 436 and BNS 326(g): Bare Act Text Side by Side
Section 436, IPC 1860
Section 326(g), BNS 2023
Ingredients: IPC 436 vs BNS 326(g)
- The accused committed mischief as defined in Section 425 IPC
- The mischief was committed by fire or by an explosive substance
- The accused intended to cause, or knew it to be likely that he would thereby cause, the destruction of any building
- The building was ordinarily used as a place of worship, or as a human dwelling, or as a place for the custody of property
- Commission of mischief by fire or any explosive substance
- Intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building
- The building is ordinarily used as a place of worship, as a human dwelling, or as a place for the custody of property
- Punishment under Section 326(g) BNS of imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine
What IPC 436 to BNS 326(g) Means for Pending Cases
FAQs: IPC 436 to BNS 326(g)
What changed from Section 436 IPC to Section 326(g) BNS?▼
Nothing of substance. Section 326(g) BNS retains the exact wording of Section 436 IPC, and the punishment of imprisonment for life or up to ten years with liability to fine remains unchanged.
Where does Section 436 IPC sit in the Bharatiya Nyaya Sanhita?▼
Section 436 IPC is located at Section 326(g) BNS, in Chapter XVII, Of Offences Against Property, under the heading Of mischief.
Does Section 436 IPC or Section 326(g) BNS apply to an act done before 1 July 2024?▼
Section 436 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 436 IPC. Section 326(g) 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 ·