IPC 438 to BNS 327(2): Punishment for the mischief described in section 437 committed by fire or explosive substance
Section 438 IPC (1860) replaced by Section 327(2) BNS (2023)
IPC 438 to BNS 327(2) at a Glance
Section 438 IPC (Punishment for the mischief described in section 437 committed by fire or explosive substance) is now Section 327(2) 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 438 to BNS 327(2)?
Section 438 IPC corresponds to Section 327(2) BNS. Section 327(2) BNS punishes committing or attempting to commit by fire or explosive substance such mischief as is described in Section 327(1) BNS. Because Section 327(1) BNS adds rail and aircraft alongside decked vessels and vessels of twenty tons burden, the aggravated fire and explosive offence now covers rail and aircraft as well as vessels. The punishment of imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine, remains unchanged.
IPC 438 vs BNS 327(2): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 438 | 327(2) |
| Offence | Punishment for the mischief described in section 437 committed by fire or explosive substance | 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 438 and BNS 327(2): Bare Act Text Side by Side
Section 438, IPC 1860
Section 327(2), BNS 2023
Ingredients: IPC 438 vs BNS 327(2)
- The accused committed, or attempted to commit, mischief to any decked vessel or any vessel of a burden of twenty tons or upwards
- The act was committed, or attempted, by fire or by an explosive substance
- The accused intended to destroy or render unsafe that vessel, or knew it to be likely that he would thereby destroy or render unsafe that vessel
- Committing or attempting to commit mischief by fire or any explosive substance
- The mischief is of the kind described in Section 327(1) BNS, directed against any rail, aircraft, decked vessel or vessel of twenty tons burden or upwards with intent or knowledge of destroying or rendering it unsafe
- Punishment under Section 327(2) BNS of imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine
What IPC 438 to BNS 327(2) Means for Pending Cases
FAQs: IPC 438 to BNS 327(2)
What changed from Section 438 IPC to Section 327(2) BNS?▼
Section 327(2) BNS broadens the scope by referencing Section 327(1) BNS, which includes rail and aircraft alongside vessels. The punishment of imprisonment for life or up to ten years with liability to fine remains the same.
Where does Section 438 IPC sit in the Bharatiya Nyaya Sanhita?▼
Section 438 IPC is located at Section 327(2) BNS, in Chapter XVII, Of Offences Against Property, under the heading Of mischief.
Does Section 438 IPC or Section 327(2) BNS apply to an act done before 1 July 2024?▼
Section 438 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 438 IPC. Section 327(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 ·