Section 324 BNS: Mischief

Bharatiya Nyaya Sanhita, 2023

Section 324 BNS at a Glance

Section 324 BNS deals with mischief. It replaced Sections 425, 426, 427 and 440 IPC on 1 July 2024.

Punishment

None of its own. Section 324(1) BNS defines mischief and prescribes no punishment. Punishment for general mischief arises under Section 324(2) BNS, which provides imprisonment of either description for up to six months, or fine, or both.

IPC Equivalent

Section 425 →

Section 324 BNS Bare Act Text

(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

Explanation 1.

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

Explanation 2.

Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations.

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.

(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.

(3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or Local Authority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

(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.

Source: Section 324, Bharatiya Nyaya Sanhita, 2023

Section 324 BNS in the IPC (Previous Law)

Section 324 BNS replaced Sections 425, 426, 427 and 440 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 324 BNS

What does Section 324 BNS cover in simple words?▼

It covers acts where a person deliberately causes damage or makes property less useful, knowing that loss is likely. The damage can be to private property or public property. The key point is the intention or knowledge behind the act.

Does actual destruction have to happen for Section 324(1) BNS to apply?▼

Not always. If the property is altered, reduced in value, or made less useful, that may be enough. The law looks at wrongful loss or damage, not only total destruction.

Is Section 324(1) BNS about punishment or definition?▼

Section 324 BNS mainly defines the offence. The actual punishment comes under the later provisions dealing with different kinds of mischief and the seriousness of the damage caused.

Can Section 324(1) BNS apply in property dispute cases?▼

Yes, if one party intentionally damages property or causes loss to the other side. But a mere civil dispute without dishonest intention or wrongful damage will not usually be enough. The facts and intention matter a lot.

What kind of acts are covered under Section 324 BNS?▼

This section covers acts where a person intentionally causes damage or wrongful loss to property. Common examples include breaking property, damaging goods, or causing harm to someone else's belongings. The key point is the intention behind the act.

Is Section 324 BNS a bailable offence?▼

Yes, it is generally a bailable offence. That means the accused can usually seek bail as a matter of right, subject to the normal legal process. It is also non-cognizable in the usual classification.

Can a case under Section 324 BNS be settled?▼

Yes, this offence is compoundable in many cases, which means the parties can settle it with legal permission. This is often useful in neighbour disputes, minor business conflicts, or family-related property damage matters.

How serious is the punishment under Section 324(2) BNS?▼

The punishment is relatively light compared to other property offences. The court may award imprisonment up to six months, a fine, or both. The actual sentence depends on the facts, the value of damage, and the conduct of the accused.

What does Section 324(3) of the BNS cover in simple words?▼

Section 324(3) BNS covers mischief that causes loss or damage to any property, including property of the Government or a local authority. In simple words, it applies when a person intentionally causes destruction of property or changes it in a way that reduces its value or usefulness, or affects it injuriously, and loss or damage results.

What must be proved for an offence under Section 324(3) BNS?▼

It must be shown that the person intended to cause wrongful loss or damage, or knew that such loss or damage was likely, and then caused destruction or harmful change to property. The text also makes clear that the property need not belong to the complainant, and even a person can commit mischief to his own or jointly owned property if the act is meant to cause wrongful loss or damage to someone.

What is the punishment under Section 324(3) of the Bharatiya Nyaya Sanhita?▼

The punishment stated in Section 324(3) BNS is imprisonment of either description for a term which may extend to one year, or fine, or both. This sub-section specifically speaks of mischief causing loss or damage to any property, including Government or local authority property.

How is Section 324(3) BNS different from the general offence of mischief?▼

The basic offence of mischief is defined in Section 324(1) BNS, and Section 324(2) BNS gives the general punishment for mischief. Section 324(3) BNS is a specific punishment clause for mischief that actually causes loss or damage to property, including Government or local authority property, and it provides a higher maximum punishment than Section 324(2) BNS.

What kind of acts can fall under Section 324(4) BNS?▼

This section applies to acts like breaking windows, damaging a vehicle, cutting crops, or destroying property in a way that causes loss or damage of twenty thousand rupees or more but less than one lakh rupees. The key point is that the act must amount to mischief, not just an accident. The prosecution must show intention or knowledge of likely wrongful loss.

Is Section 324(4) BNS a serious offence?▼

It is not among the most serious offences, but it is still a criminal offence. The punishment can extend to 2 years, or fine, or both. Since it involves damage to property, police complaints and compensation issues are common.

Can a case under Section 324(4) BNS be settled?▼

Yes, it is compoundable, so the parties may be able to settle the matter with permission of the court, depending on the stage of the case and the legal route followed. In practice, many such disputes are resolved through compromise, especially where the damage is limited and the parties know each other.

Does Section 324(4) BNS apply if the damage is less than twenty thousand rupees?▼

No, Section 324(4) BNS specifically applies when the loss or damage is twenty thousand rupees or more but less than one lakh rupees. If the amount is below twenty thousand rupees, Section 324(2) or Section 324(3) BNS may apply depending on the facts.

What is Section 324(5) of the Bharatiya Nyaya Sanhita about?▼

Section 324(5) BNS covers mischief where the act causes loss or damage of one lakh rupees or more. Mischief means destroying property, changing it so its value or usefulness is reduced, or otherwise affecting it injuriously, with intent to cause wrongful loss or damage or knowing that it is likely.

What has to be proved for a case under Section 324(5) BNS?▼

It must be shown that the person committed mischief and that the loss or damage caused was one lakh rupees or upwards. The act must be done with intent to cause wrongful loss or damage, or with knowledge that it is likely to cause it. The property need not belong to the complainant alone, and even damage to one's own or jointly owned property can amount to mischief in the situations covered by the section.

What punishment is written in Section 324(5) BNS?▼

Under Section 324(5) BNS, if mischief causes loss or damage of one lakh rupees or upwards, the offender shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

How is Section 324(5) BNS different from ordinary mischief?▼

The difference is the amount of loss or damage caused. Under Section 324(2) BNS, general mischief is punishable up to six months, under Section 324(3) BNS damage to property including Government or Local Authority property is punishable up to one year, and under Section 324(4) BNS damage of twenty thousand rupees and more but less than one lakh rupees is punishable up to two years. Section 324(5) BNS applies when the loss or damage is one lakh rupees or upwards, and carries imprisonment up to five years, or fine, or both.

What is the main difference between ordinary mischief and Section 324(6) BNS?▼

Ordinary mischief is about causing wrongful loss or damage to property. This section applies when that damage is done after preparation to cause death, hurt, or wrongful restraint, or fear of such harm, so the law treats it as more serious. The element of dangerous preparation is what raises the gravity.

Under Section 324(6) BNS, do police need to prove actual injury to a person?▼

No, actual injury is not necessary. The key point is that there was preparation to cause death, hurt, or wrongful restraint, or fear of such harm, and after that, mischief was committed. The prosecution must prove the link between the preparation and the damaging act.

Can Section 324(6) BNS be used for property damage during a violent incident?▼

Yes, if the facts show that the damage was done after preparation for causing death, hurt, or wrongful restraint, or fear of such harm. For example, breaking property as part of a planned attack may fall within this provision. Each case depends on the evidence of intention and preparation.

What is the punishment under Section 324(6) BNS?▼

The punishment is imprisonment of either description for up to 5 years, and the offender is also liable to fine. Courts look at the seriousness of the conduct, the damage caused, and the surrounding facts before deciding sentence. It is treated as a serious criminal offence.

Section 324 BNS: Sub-sections Explained

Section 324(1) BNS: Mischief

▶

Bare Act Text

(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

Explanation 1.

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

Explanation 2.

Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations.

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.

Explanation

1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

Explained in Simple Words

Section 324(1) of the Bharatiya Nyaya Sanhita (BNS) defines mischief. In simple terms, it applies when a person causes wrongful loss or damage to the public or to any person, and does so with the intention of causing, or knowing that they are likely to cause, such loss or damage. The law is not limited to physical destruction.

It also covers acts that make property less useful, diminish its value, or affect it injuriously. This section is commonly used where someone deliberately damages property, interferes with utility services, harms crops, or causes loss by destroying, changing, or rendering property ineffective. The focus is on the intention or knowledge behind the act, not just the result.

In practice, this section helps police and courts deal with property damage cases where the act was done deliberately and caused real harm. It is a general provision, so it can apply to a wide range of situations, from private disputes to public damage cases.

Key Ingredients

  • Destruction of property or an injurious change in property or its situation
  • Destruction or diminution of the value or utility of the property
  • Intention or knowledge of likely wrongful loss or damage to the public or any person under Section 324(1) BNS

Punishment

🔒 None of its own. Section 324(1) BNS defines mischief and prescribes no punishment. Punishment for general mischief arises under Section 324(2) BNS, which provides imprisonment of either description for up to six months, or fine, or both.

💰 None of its own. Fines are prescribed under the punishing sub-sections, starting with Section 324(2) BNS.

Section 324(1) BNS defines mischief and prescribes no separate punishment of its own; punishment and procedural classification follow Section 324(2) to (6) BNS.

Real-World Example

Dhanraj leased a retail storefront in Bhopal and, upon receiving a lawful notice of eviction from the landlord, intentionally damaged the tiled flooring, severed the concealed electrical wiring, and destroyed the glass display cabinets before vacating. Dhanraj acted knowing his conduct was likely to cause wrongful damage to the landlord by diminishing the value and utility of the premises. Dhanraj committed mischief within the statutory definition of Section 324(1) BNS, punishable under Section 324 BNS.

When This Does Not Apply

  • The damage to property was purely accidental without any intention or knowledge of likely wrongful loss
  • The alteration or repair of property did not destroy or diminish its value or utility, nor affect it injuriously
  • The act involved an assertion of a bona fide claim of right over property without criminal intention
  • The dispute was a verbal altercation or disagreement where no physical interference with property occurred

Previous Law

IPC 425 → Section 324(1) BNS

Section 425 IPC corresponds to Section 324(1) BNS. Section 324(1) BNS reproduces the definition, Explanations, and illustrations of Section 425 IPC without substantive change. While the definition remains the same, the Bharatiya Nyaya Sanhita, 2023 consolidates the definition and the entire hierarchy of penalties for mischief into Section 324(1) BNS, where the base punishment under Section 324(2) BNS rises from three months to six months imprisonment.

Section 324(2) BNS: Punishment for mischief

▶

Bare Act Text

(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.

Explained in Simple Words

Section 324(2) of the Bharatiya Nyaya Sanhita (BNS) deals with the punishment for mischief. In simple terms, if a person intentionally causes wrongful loss or damage to property, this section sets out the basic punishment. It applies when the act is done with the required dishonest or wrongful intent, and the result is damage to property, whether movable or immovable.

This provision matters because it covers everyday property damage cases that do not fall under the more serious aggravated forms of mischief. It may arise in disputes involving damaged vehicles, broken fixtures, spoiled goods, or harm to shared property. For police, lawyers, and courts, this section is often the starting point for deciding whether the act is a minor property offence or whether a higher punishment provision should apply.

Key Ingredients

  • Commission of mischief as defined in Section 324(1) BNS
  • Punishment under Section 324(2) BNS of imprisonment of either description for up to six months, or with fine, or with both

Punishment

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to six months.

💰 The court may impose fine alone, or fine in addition to imprisonment.

Mischief under Section 324(2) BNS carries imprisonment of either description up to six months, or fine, or both.

Real-World Example

Dinesh and his neighbour Kailash quarrelled over a shared boundary in a village near Nashik. One night Dinesh cut the rubber pipe that carried water from the tank of Kailash to his kitchen garden, leaving the pipe useless. Dinesh knew that the act was likely to cause wrongful loss to Kailash. Dinesh committed mischief and is punishable under Section 324(2) BNS.

When This Does Not Apply

  • The property was not destroyed, and no change was caused that diminished its value or utility or affected it injuriously
  • The accused neither intended nor knew that he was likely to cause wrongful loss or damage to the public or to any person
  • The damage was the result of an accident, such as a collision the accused could not avoid, with no intent or knowledge as to wrongful loss

Previous Law

IPC 426 → Section 324(2) BNS

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.

Section 324(3) BNS: Mischief

▶

Bare Act Text

(3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or Local Authority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explained in Simple Words

Section 324(3) of the Bharatiya Nyaya Sanhita (BNS) sets out the punishment for committing mischief that causes loss or damage to any property, expressly including the property of the Government or a Local Authority. It applies to anyone who commits mischief as defined in Section 324(1) BNS and thereby causes actual loss or damage to such property.

Under this sub-section, the offender shall be punished with imprisonment of either description, meaning simple or rigorous imprisonment, for a term which may extend to one year, or with fine, or with both. Because this sub-section requires that loss or damage to property is actually caused, it carries a higher maximum term than the six-month general mischief punishment in Section 324(2) BNS.

Readers should note that under Section 324(1) BNS and its Explanations, mischief requires intent to cause, or knowledge that the act is likely to cause, wrongful loss or damage to the public or to any person by destroying property or diminishing its value or utility. The damaged property does not have to belong to the person who suffers the loss, and mischief can even be committed on property owned by the offender alone or jointly with others.

Key Ingredients

  • Intent to cause, or knowledge of likely wrongful loss or damage to the public or any person
  • Destruction of property, or a change in property or its situation
  • The act destroys or diminishes the value or utility of the property, or affects it injuriously
  • Loss or damage is caused to any property, including property of Government or Local Authority

Punishment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for up to one year.

💰 The offender may be punished with fine alone, or with both imprisonment and fine.

Committing mischief that causes loss or damage to any property, including the property of the Government or a Local Authority, is punishable with imprisonment of either description for up to one year, or with fine, or with both.

Real-World Example

After a quarrel over roadside stall space near Fancy Bazar, Guwahati, Rakesh deliberately opened the water connection leading to Tarun’s stall area so that water spread into the wooden boxes where Tarun had stored prayer items and incense stock. Farhan, who witnessed it, later confirmed that the goods were soaked and could not be sold. By flooding the boxes, Rakesh changed the condition of the property and reduced its value and utility. Since he did this knowing it would cause wrongful loss to Tarun, the act amounts to mischief causing loss or damage to property under Section 324(3) BNS.

When This Does Not Apply

  • Accidental damage to property without intent and without knowledge of likely wrongful loss or damage
  • A harmless change to property that does not destroy or diminish its value or utility and does not affect it injuriously
  • Mere verbal threats to damage property, without any act causing destruction or injurious change
  • A dispute where no loss or damage to any property is actually caused

Section 324(4) BNS: Mischief causing damage to the amount of fifty rupees

▶

Bare Act Text

(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explained in Simple Words

Section 324(4) of the Bharatiya Nyaya Sanhita (BNS) deals with mischief that causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees. In simple terms, if a person deliberately or knowingly causes destruction, damage, or a change in property that leads to wrongful loss within this monetary range, this section applies. The property may be movable or immovable.

It can cover acts like breaking a gate, damaging a vehicle, destroying crops, or causing similar loss. This section applies when the damage caused is substantial and falls between twenty thousand rupees and under one lakh rupees. The law looks at the intention behind the act and the actual amount of loss caused.

It is often used in disputes between neighbours, tenants and landlords, business rivals, or during public disturbances. For a case under this section, the prosecution must show that the act was done with the required mental state and that the damage crossed the twenty thousand rupee threshold while remaining below one lakh rupees.

Key Ingredients

  • Commission of mischief as defined in Section 324(1) BNS
  • Loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees
  • Punishment under Section 324(4) BNS of imprisonment of either description for up to two years, or with fine, or with both

Punishment

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to two years.

💰 The court may impose fine alone, or fine in addition to imprisonment.

Mischief causing loss or damage of twenty thousand rupees and more but less than one lakh rupees carries imprisonment of either description up to two years, or fine, or both.

Real-World Example

After a quarrel over a parking space in Pune, Rajesh scratched deep lines across both doors and the bonnet of a car belonging to Sunil. Repainting the damaged panels cost Sunil twenty-eight thousand rupees. Rajesh knew that the act was likely to cause wrongful loss to Sunil. Because the mischief caused damage of twenty thousand rupees or more but less than one lakh rupees, Rajesh is punishable under Section 324(4) BNS.

When This Does Not Apply

  • The loss or damage caused by the mischief was less than twenty thousand rupees, or was one lakh rupees or upwards
  • The property was not destroyed, and no change was caused that diminished its value or utility or affected it injuriously
  • The accused neither intended nor knew that he was likely to cause wrongful loss or damage to the public or to any person

Previous Law

IPC 427 → Section 324(4) BNS

Section 427 IPC corresponds to Section 324(4) BNS. Section 427 IPC applied the two-year maximum to any loss or damage of fifty rupees or upwards. Section 324(4) BNS keeps the two-year maximum but confines it to loss or damage of twenty thousand rupees and more but less than one lakh rupees. Mischief causing loss or damage of one lakh rupees or upwards carries imprisonment of up to five years under Section 324(5) BNS. Section 324(3) BNS is new and punishes mischief causing loss or damage to any property, including the property of Government or Local Authority, with imprisonment of up to one year, or fine, or both.

Section 324(5) BNS: Mischief

▶

Bare Act Text

(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Explained in Simple Words

Section 324(5) of the Bharatiya Nyaya Sanhita (BNS) provides a higher punishment for serious cases of mischief that cause high-value financial harm. It applies to any person who commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards.

Whoever commits an offence under this sub-section shall be punished with imprisonment of either description, which may be simple or rigorous, for a term which may extend to five years, or with fine, or with both. This places damage of one lakh rupees or more in a higher penalty bracket than mischief causing lesser property damage under Sections 324(2), 324(3), and 324(4) BNS.

To establish an offence under Section 324(5) BNS, both the elements of mischief under Section 324(1) BNS and the loss threshold of at least one lakh rupees must be shown. The offender must intend to cause, or know that he is likely to cause, wrongful loss or damage to the public or any person by destroying property or diminishing its value or utility, even if the property belongs to someone else, to joint owners, or to the offender himself.

Key Ingredients

  • Intent to cause, or knowledge of likely causing, wrongful loss or damage
  • Wrongful loss or damage must be to the public or to any person
  • Destruction of property, or a change in property or its situation
  • The act destroys or diminishes the property’s value or utility, or affects it injuriously
  • The mischief causes loss or damage to the amount of one lakh rupees or upwards

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for up to five years.

💰 The offender may be punished with fine alone, or with both imprisonment and fine.

Committing mischief that causes loss or damage of one lakh rupees or upwards is punishable with imprisonment of either description for up to five years, or with fine, or with both.

Real-World Example

Late at night near Rajkot, after a money dispute with Priya, Fatima got angry and wanted Ritu to suffer loss because Ritu had agreed to buy Priya’s stored fertiliser bags worth one lakh fifty thousand rupees. Fatima opened the shed and poured water over all the bags, making them hard and unfit for sale and causing a loss of over one lakh rupees. She did this knowing it would destroy their value and cause wrongful loss to both Priya and Ritu. This falls within Section 324(5) BNS because Fatima intentionally caused an injurious change to property resulting in damage of one lakh rupees or upwards.

When This Does Not Apply

  • Property is damaged by a pure accident, with no intent and no knowledge of likely wrongful loss or damage
  • There is no destruction and no change in the property or its situation that reduces value, utility, or injuriously affects it
  • A person merely threatens to damage property but does not actually cause the destructive or injurious act
  • The act causes only personal hurt to someone, without any destruction of property or injurious change to property

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

▶

Bare Act Text

(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.

Explained in Simple Words

Section 324(6) of the Bharatiya Nyaya Sanhita (BNS) deals with mischief committed after making preparation for causing death, hurt, or wrongful restraint, or fear of death, hurt, or wrongful restraint, to any person. In simple terms, it applies where a person first prepares to cause such harm or fear, and then commits mischief, such as damaging property, in a way linked to that dangerous preparation. The law treats this more seriously than ordinary mischief because the act is not random.

It is tied to preparation that already carries a risk of violence or restraint. This section applies to anyone who intentionally causes wrongful property damage after arranging means to cause death, hurt, wrongful restraint, or fear of such harm. The prosecution must show both the preparation and the subsequent mischief.

In practice, this provision is used where property damage is part of a violent or intimidating course of conduct. It helps the police and courts deal with acts that go beyond simple vandalism and pose a real threat to personal safety.

Key Ingredients

  • 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

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to five years.

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Committing mischief after making preparation for causing death, hurt, wrongful restraint, or fear of such harm carries imprisonment of either description up to five years, and liability to fine.

Real-World Example

Near Indore, Harpreet intended to damage Swati's storage yard and warehouse stock to cause her wrongful loss. Before entering the yard at night, Harpreet carried an iron bar and nylon ropes to assault or wrongfully restrain any watchman who attempted to intervene. Harpreet then broke the water pipeline and flooded the storehouse, damaging commercial goods. Harpreet is punishable under Section 324(6) BNS because he committed mischief after having prepared to cause hurt or wrongful restraint.

When This Does Not Apply

  • Property was damaged purely by accident or negligence without the intention or knowledge required to constitute mischief under Section 324(1) BNS
  • Mischief was committed but without prior preparation for causing death, hurt, wrongful restraint, or fear of death, hurt, or wrongful restraint to any person
  • An accused made preparations to cause hurt or wrongful restraint, but committed no act of mischief damaging property

Previous Law

IPC 440 → Section 324(6) BNS

Section 440 IPC corresponds to Section 324(6) BNS. Under the Bharatiya Nyaya Sanhita, the consolidated offence of mischief is enacted in Section 324(6) 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.

Have questions about Section 324 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·