IPC 440 in BNS: Find the New Section and What Changed

What Changed From IPC 440 to BNS 324(6)?

Section 440 IPC corresponds to Section 324(6) BNS. Under the Bharatiya Nyaya Sanhita, the consolidated offence of mischief is enacted in Section 324 BNS, and Section 324(6) BNS reproduces the substantive offence of Section 440 IPC word for word. A person who commits mischief after making preparation for causing death, hurt, wrongful restraint, or fear of such harm remains punishable with imprisonment of either description for up to five years and liability to fine.

IPC 440 vs BNS 324(6): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	440	324(6)
Offence	Mischief committed after preparation made for causing death or hurt	Same
Punishment	Imprisonment of either description for a term which may extend to five 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	Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Magistrate of the first class	Same

IPC 440 and BNS 324(6): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 440, IPC 1860

440. Mischief committed after preparation made for causing death or hurt.—Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

BNS 2023 (in force)

Section 324(6), BNS 2023

(6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Ingredients: IPC 440 vs BNS 324(6)

Under IPC 440

The accused committed mischief as defined in Section 425 IPC
Before committing the mischief, the accused made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint
The mischief was committed after having made such preparation

Under BNS 324(6)

Committing mischief as defined under Section 324(1) BNS
Having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint
Punishment under Section 324(6) BNS of imprisonment of either description for up to five years, and liability to fine

What IPC 440 to BNS 324(6) Means for Pending Cases

For Section 440 IPC (now Section 324(6) BNS): under Section 324(6) BNS, the offence and punishment are identical to Section 440 IPC. A charge for an act done after the BNS came into force cites Section 324(6) BNS.

FAQs: IPC 440 to BNS 324(6)

What changed from Section 440 IPC to Section 324(6) BNS?▼

Nothing of substance. Section 324(6) BNS reproduces the text and sentencing structure of Section 440 IPC, retaining imprisonment up to five years with liability to fine.

Where does Section 440 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 440 IPC is incorporated as Section 324(6) BNS within the consolidated mischief section of Chapter XVII, Of Offences Against Property.

Does Section 440 IPC or Section 324(6) BNS apply to an act done before 1 July 2024?▼

Section 440 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 440 IPC. Section 324(6) BNS governs acts done on or after 1 July 2024.

IPC 440 to BNS 324(6): Mischief committed after preparation made for causing death or hurt

IPC 440 to BNS 324(6) at a Glance