Section 326 BNS: Mischief by injury, inundation, fire or explosive substance, etc

Bharatiya Nyaya Sanhita, 2023

Section 326 BNS at a Glance

Section 326 BNS deals with mischief by injury, inundation, fire or explosive substance, etc. It replaced Sections 430, 431, 432, 433, 434, 435 and 436 IPC on 1 July 2024.

Punishment

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

Bailable ⓘCognizable ⓘCompoundable ⓘ
IPC Equivalent

Section 430 →

Section 326 BNS Bare Act Text

Whoever commits mischief by,—

(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;

Whoever commits mischief by,—

(b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;

Whoever commits mischief by,—

(c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;

Whoever commits mischief by,—

(d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both;

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;

Whoever commits mischief by,—

(f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

Whoever commits mischief by,—

(g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 326, Bharatiya Nyaya Sanhita, 2023

Section 326 BNS in the IPC (Previous Law)

Section 326 BNS replaced Sections 430, 431, 432, 433, 434, 435 and 436 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 326 BNS

What kinds of water supply are protected under Section 326(a) BNS?▼

Section 326(a) BNS covers water supplied for agricultural purposes, for food or drink for human beings, or for animals which are property. It also covers water used for cleanliness or for carrying on any manufacture.

Does the water supply have to be completely stopped for Section 326(a) BNS to apply?▼

No, Section 326(a) BNS only requires a diminution, meaning a reduction, in the supply of water. Even if the act does not immediately reduce the water supply, the provision applies if the offender knows the act is likely to cause such a reduction.

What is the punishment under Section 326(a) BNS?▼

Under Section 326(a) BNS, the offender is punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. The court has discretion to award simple or rigorous imprisonment, a fine alone, or both.

Does Section 326(a) BNS apply to an accidental pipe break without wrongful intent or knowledge?▼

No, Section 326(a) BNS applies only when the person commits mischief, which requires intending or knowing that one is likely to cause wrongful loss or damage. An accidental leak without that mental element and without knowledge that the act is likely to diminish the water supply is not punishable under this provision.

What routes and waterways are covered by Section 326(b) BNS?▼

Section 326(b) BNS covers any public road, bridge, navigable river, or navigable channel. The navigable river or channel may be either natural or artificial, provided it is used for travelling or conveying property.

Does a public road have to be completely blocked for Section 326(b) BNS to apply?▼

No, Section 326(b) BNS applies if the act renders the road, bridge, river, or channel either impassable or merely less safe for travelling or conveying property. It also applies if the person knows that the act is likely to make the route impassable or less safe.

What is the punishment for an offence under Section 326(b) BNS?▼

Under Section 326(b) BNS, the punishment is imprisonment of either description for a term which may extend to five years, or fine, or both. The court has discretion to impose simple or rigorous imprisonment, a fine by itself, or both.

Does Section 326(b) BNS apply to a private driveway or a stream that cannot carry boats?▼

No, Section 326(b) BNS applies only to public roads and bridges and to rivers or channels that are navigable. Mischief affecting a purely private path or a non-navigable watercourse does not fall under Section 326(b) BNS.

What conduct is punished under Section 326(c) BNS?▼

Section 326(c) BNS punishes committing mischief by any act that causes, or is known to be likely to cause, an inundation or an obstruction to any public drainage. For the provision to apply, the flooding or drainage obstruction must be attended with injury or damage.

Does blocking a private drain inside a house fall under Section 326(c) BNS?▼

No, the drainage obstruction covered by Section 326(c) BNS must be to public drainage, unless the act causes an inundation attended with injury or damage. A blockage confined to a private drain without flooding does not fall under Section 326(c) BNS.

What punishment is prescribed under Section 326(c) BNS?▼

Section 326(c) BNS prescribes imprisonment of either description for a term which may extend to five years, or fine, or both. The court may impose simple or rigorous imprisonment, a fine alone, or both.

Is Section 326(c) BNS attracted if a public drain is obstructed but no injury or damage occurs?▼

No, Section 326(c) BNS specifically requires that the inundation or obstruction to public drainage be attended with injury or damage. If no injury or damage accompanies the act, this clause does not apply.

What types of navigation aids are protected under Section 326(d) BNS?▼

Section 326(d) BNS protects any sign or signal used for the navigation of rail, aircraft, or ship, as well as any other thing placed as a guide for navigators. This covers railway signals, aviation beacons, and maritime buoys or lights alike.

Does the navigation sign have to be completely destroyed for Section 326(d) BNS to apply?▼

No, Section 326(d) BNS applies not only when a navigation sign, signal, or guide is destroyed, but also when it is moved. It equally applies to any act of mischief that renders the sign or signal less useful as a guide for navigators.

What is the punishment under Section 326(d) BNS?▼

Under Section 326(d) BNS, an offender shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. The court may impose simple or rigorous imprisonment, a fine alone, or both.

Does damaging an ordinary street name board fall under Section 326(d) BNS?▼

No, Section 326(d) BNS is limited to signs or signals used for the navigation of rail, aircraft, or ship, or other things placed as a guide for navigators. Damage to an ordinary street board that is not a navigation guide does not attract Section 326(d) BNS.

What kind of land-mark is protected under Section 326(e) BNS?▼

Section 326(e) BNS protects any land-mark that has been fixed by the authority of a public servant. Boundary stones or fences put up privately by landowners without the authority of a public servant are not covered by Section 326(e) BNS.

Is a person liable under Section 326(e) BNS if they do not destroy the land-mark but only shift or obscure it?▼

Yes, Section 326(e) BNS covers destroying or moving an official land-mark as well as any act that renders the land-mark less useful as such. Shifting a boundary pillar or obscuring its markings so that it cannot properly serve as a land-mark attracts this provision.

What is the maximum punishment under Section 326(e) BNS?▼

Under Section 326(e) BNS, the offender is punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. The court can choose simple or rigorous imprisonment, a fine alone, or both.

Does accidentally knocking over a boundary stone while driving attract Section 326(e) BNS?▼

No, Section 326(e) BNS requires the commission of mischief, which involves an intention or knowledge of likelihood to cause wrongful loss or damage. An accidental collision without that mental element does not constitute an offence under Section 326(e) BNS.

What means of committing mischief are covered by Section 326(f) BNS?▼

Section 326(f) BNS applies only when mischief is committed by fire or by any explosive substance. Mischief caused by other means, such as water or physical tools, is not covered by Section 326(f) BNS.

Is there a minimum value of damage required for Section 326(f) BNS to apply?▼

No, Section 326(f) BNS does not prescribe any minimum monetary threshold for the damage caused. It applies whenever a person commits mischief by fire or explosive substance intending to cause, or knowing they are likely to cause, damage to any property including agricultural produce.

What is the punishment under Section 326(f) BNS?▼

Under Section 326(f) BNS, the offender shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. A sentence of imprisonment is required upon conviction, and the court may also impose a fine.

Does Section 326(f) BNS cover damage to harvested crops or farm produce?▼

Yes, Section 326(f) BNS expressly includes agricultural produce within the property it protects. Setting fire to or using explosives against harvested grain, haystacks, or other farm produce with the required intent or knowledge falls directly under Section 326(f) BNS.

What kinds of buildings are covered by Section 326(g) BNS?▼

Section 326(g) BNS covers any building that is ordinarily used as a place of worship, as a human dwelling, or as a place for the custody of property. Mischief by fire or explosives against open land or movable goods that are not such buildings falls under Section 326(f) BNS instead.

Does a house have to be completely burned down for Section 326(g) BNS to apply?▼

No, Section 326(g) BNS requires that the person commits mischief by fire or explosive substance intending to cause, or knowing they are likely to cause, the destruction of the building. If the fire causes damage and was intended or known to be likely to destroy the building, the offence is complete even if the fire is put out early.

Does someone have to be inside the building at the time of the fire under Section 326(g) BNS?▼

No, Section 326(g) BNS only requires that the building is ordinarily used as a place of worship, a human dwelling, or a place for the custody of property. Temporary absence of the occupants at the time of the incident does not take the building outside Section 326(g) BNS.

What is the punishment prescribed under Section 326(g) BNS?▼

Under Section 326(g) BNS, the offender shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Imprisonment is mandatory upon conviction, and the offender is also liable to a fine.

Section 326 BNS: Sub-sections Explained

Section 326(a) BNS: Mischief by injury to works of irrigation or by wrongfully diverting water

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Bare Act Text

Whoever commits mischief by,—

(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, 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 326(a) of the Bharatiya Nyaya Sanhita (BNS) penalises mischief that reduces a protected supply of water. It applies to anyone who commits mischief by doing any act that causes, or that the person knows is likely to cause, a diminution of the supply of water meant for agricultural purposes, for food or drink for human beings, for animals which are property, for cleanliness, or for carrying on any manufacture.

A person convicted under Section 326(a) BNS shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Because the imprisonment is of either description, the court may impose simple or rigorous imprisonment, or choose to impose only a fine.

For this clause to apply, the act must first satisfy the general elements of mischief under Section 324 BNS, meaning the offender acts with intent or knowledge of likelihood to cause wrongful loss or damage. The word diminution covers any reduction in the water supply, even if the flow is not cut off completely, provided the water serves one of the listed agricultural, domestic, livestock, sanitation, or manufacturing uses.

Key Ingredients

  • Commission of mischief by an act which causes, or is known to be likely to cause, a diminution of the supply of water
  • Water for agricultural purposes, for food or drink for human beings or for animals which are property, for cleanliness, or for carrying on any manufacture
  • Punishment under Section 326(a) BNS of imprisonment of either description for up to five years, or with fine, or with both

Punishment

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

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

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

Mischief causing a diminution of the supply of water for agriculture, food or drink, cleanliness or manufacture carries imprisonment of either description up to five years, or fine, or both.

Real-World Example

During the sowing season near Karnal, Baljit broke the sluice gate of a village irrigation channel and turned its flow into his own field. The fields of the farmers downstream received far less water. Baljit knew that his act was likely to diminish the supply of water for agricultural purposes and to cause wrongful loss to those farmers. Baljit is punishable under Section 326(a) BNS.

When This Does Not Apply

  • The act caused no diminution of the supply of water, and the accused did not know it was likely to cause one
  • The water was not supplied for agriculture, for food or drink for human beings or for animals which are property, for cleanliness, or for carrying on any manufacture
  • 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 430 → Section 326(a) BNS

Section 430 IPC corresponds to Section 326(a) BNS. Section 326(a) BNS gathers several forms of mischief into one section, and its clause a reproduces Section 430 IPC without change. The punishment of imprisonment of either description for up to five years, or fine, or both, remains the same.

Section 326(b) BNS: Mischief by injury to public road, bridge, river or channel

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Bare Act Text

Whoever commits mischief by,—

(b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, 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 326(b) of the Bharatiya Nyaya Sanhita (BNS) punishes mischief that damages or obstructs public transport routes and waterways. It applies to anyone who commits mischief by doing any act which renders, or which the person knows is likely to render, any public road, bridge, navigable river, or navigable channel impassable or less safe for travelling or for conveying property.

Whoever commits this offence under Section 326(b) BNS shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. The court may impose simple or rigorous imprisonment, a fine alone, or both imprisonment and a fine.

Two details in the text are important for readers. First, the route does not need to be completely blocked, because making it merely less safe for passengers or goods is enough to attract liability. Second, the provision expressly covers both natural and artificial navigable rivers and channels, whereas roads and bridges must be public rather than purely private paths.

Key Ingredients

  • Commission of mischief by an act which renders, or is known to be likely to render, a public road, bridge, navigable river or navigable channel impassable or less safe
  • Punishment under Section 326(b) BNS of imprisonment of either description for up to five years, or with fine, or with both

Punishment

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

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

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

Mischief that renders a public road, bridge, navigable river or navigable channel impassable or less safe carries imprisonment of either description up to five years, or fine, or both.

Real-World Example

After a quarrel with the operator of a toll booth near Jaipur, Suresh used an earthmover at night to dig deep trenches across a public road, with no barrier or warning light. The trenches made the road impassable for lorries and unsafe for other vehicles. Suresh knew that his act was likely to render the public road impassable and less safe for travelling, and to cause wrongful damage to the public. Suresh is punishable under Section 326(b) BNS.

When This Does Not Apply

  • The road or bridge is not public, or the river or channel is not navigable
  • The act did not render the road, bridge, river or channel impassable or less safe for travelling or conveying property
  • 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 431 → Section 326(b) BNS

Section 431 IPC corresponds to Section 326(b) BNS. Clause b of Section 326 BNS reproduces Section 431 IPC without change, and the punishment of imprisonment of either description for up to five years, or fine, or both, remains the same.

Section 326(c) BNS: Mischief by causing inundation or obstruction to public drainage attended with damage

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Bare Act Text

Whoever commits mischief by,—

(c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, 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 326(c) of the Bharatiya Nyaya Sanhita (BNS) addresses mischief involving flooding or the blocking of public drains. It applies to anyone who commits mischief by doing an act which causes, or which the person knows is likely to cause, an inundation or an obstruction to any public drainage, where that inundation or obstruction is attended with injury or damage.

Under Section 326(c) BNS, 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. A court sentencing an offender under this clause may award simple or rigorous imprisonment, a fine alone, or both imprisonment and fine.

Readers should note two requirements in this clause. First, inundation means flooding with water, and an obstruction must affect public drainage rather than a private household pipe. Second, the flooding or drainage blockage must be attended with injury or damage, alongside the underlying mental element of mischief under Section 324 BNS.

Key Ingredients

  • Commission of mischief by an act which causes, or is known to be likely to cause, an inundation or an obstruction to any public drainage
  • Injury or damage attending the inundation or obstruction
  • Punishment under Section 326(c) BNS of imprisonment of either description for up to five years, or with fine, or with both

Punishment

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

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

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

Mischief causing an inundation or an obstruction to public drainage attended with injury or damage carries imprisonment of either description up to five years, or fine, or both.

Real-World Example

In Kanpur, Raghav had his labourers dump truckloads of construction debris into a municipal stormwater drain beside his godown. When the rains came, the blocked drain overflowed and flooded nearby houses, damaging furniture and stored goods. Raghav knew that his act was likely to obstruct the public drainage and to cause damage to his neighbours. Raghav is punishable under Section 326(c) BNS.

When This Does Not Apply

  • The act caused no inundation, and the drain obstructed was private rather than public drainage
  • The inundation or obstruction caused no injury or damage
  • 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 432 → Section 326(c) BNS

Section 432 IPC corresponds to Section 326(c) BNS. Clause c of Section 326 BNS reproduces Section 432 IPC without change, and the punishment of imprisonment of either description for up to five years, or fine, or both, remains the same.

Section 326(d) BNS: Mischief by destroying, moving or rendering less useful a light-house or sea-mark

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Bare Act Text

Whoever commits mischief by,—

(d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both;

Explained in Simple Words

Section 326(d) of the Bharatiya Nyaya Sanhita (BNS) penalises mischief directed at navigation signs, signals, and guides. It applies to anyone who commits mischief by destroying or moving any sign or signal used for the navigation of rail, aircraft, or ship, or any other thing placed as a guide for navigators, or by doing any act that renders such a sign or signal less useful as a guide for navigators.

A person who commits an offence under Section 326(d) BNS shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Because tampering with navigation aids endangers mass transport, the maximum prison term here is seven years rather than the five years provided in earlier clauses of Section 326 BNS.

A key feature of Section 326(d) BNS is that it covers rail, aviation, and maritime navigation alike. Moreover, the offender does not need to completely destroy a signal or beacon, because moving it out of position or making it less useful as a guide for navigators is enough to complete the offence.

Key Ingredients

  • Commission of mischief by destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators
  • Commission of mischief by any act which renders any such sign, signal or thing less useful as a guide for navigators
  • Punishment under Section 326(d) BNS of imprisonment of either description for up to seven years, or with fine, or with both

Punishment

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

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

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

Mischief by destroying, moving or rendering less useful any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators carries imprisonment of either description for up to seven years, or fine, or both.

Real-World Example

Near the port of Cochin, David deliberately untied and removed a floating mooring buoy that marked a dangerous shoal for incoming merchant vessels. David knew that removing the buoy would render it useless as a guide for navigators and was likely to cause wrongful loss to mariners entering the harbour. David is punishable under Section 326(d) BNS.

When This Does Not Apply

  • The act did not amount to mischief under Section 324 BNS because the accused acted without intention or knowledge of causing wrongful loss or damage
  • The object destroyed, moved or affected was not a sign or signal used for navigation of rail, aircraft or ship, or any other thing placed as a guide for navigators
  • The act neither destroyed nor moved the navigation sign, signal or guide, nor rendered it less useful as a guide for navigators

Previous Law

IPC 433 → Section 326(d) BNS

Section 433 IPC corresponds to Section 326(d) BNS. Section 326(d) BNS replaces the specific mention of light-houses, sea-marks and buoys with any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, thereby expanding statutory coverage to railway and aviation navigation aids. The punishment of imprisonment of either description for up to seven years, or fine, or both, remains unchanged.

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

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Bare Act Text

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;

Explained in Simple Words

Section 326(e) of the Bharatiya Nyaya Sanhita (BNS) deals with mischief involving official boundary markers and survey pillars. It applies to any person who commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by doing any act which renders such a land-mark less useful as a land-mark.

Whoever commits an offence under Section 326(e) BNS shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. The court may sentence the offender to simple or rigorous imprisonment for up to one year, impose a fine alone, or impose both.

Two points are essential when reading Section 326(e) BNS. First, the land-mark must have been fixed under the authority of a public servant, so boundary stones placed privately by neighbours without official authority are not covered by this clause. Second, defacing, burying, or tilting a marker so that it becomes less useful as an official land-mark is punishable even if the pillar is neither broken nor shifted.

Key Ingredients

  • 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

Punishment

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

🔒 Imprisonment of either description for a term which may extend to one year.

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

Mischief by destroying, moving or rendering less useful any land-mark fixed by public authority carries imprisonment of either description for up to one year, or fine, or both.

Real-World Example

Near Pune, Ramesh shifted a concrete boundary pillar that had been erected by municipal revenue officials to demarcate a public road reserve, moving it two metres into the roadway to enlarge his shop forecourt. Ramesh knew that shifting the boundary pillar would render it less useful as an official land-mark and would cause wrongful loss to the local authority. Ramesh is punishable under Section 326(e) BNS.

When This Does Not Apply

  • The act did not amount to mischief under Section 324 BNS because the accused acted without intention or knowledge of causing wrongful loss or damage
  • The marker destroyed, moved or affected was not a land-mark fixed by the authority of a public servant
  • The act neither destroyed nor moved the land-mark, nor rendered it less useful as such

Previous Law

IPC 434 → Section 326(e) BNS

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.

Section 326(f) BNS: Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees

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Bare Act Text

Whoever commits mischief by,—

(f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

Explained in Simple Words

Section 326(f) of the Bharatiya Nyaya Sanhita (BNS) punishes mischief committed by using fire or an explosive substance against property. It applies to anyone who commits mischief by fire or any explosive substance while intending to cause, or knowing it to be likely that they will thereby cause, damage to any property, including agricultural produce.

An offender convicted under Section 326(f) BNS shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Unlike clauses (a) to (e) of Section 326 BNS, where a fine can be imposed instead of imprisonment, Section 326(f) BNS requires a term of imprisonment and makes the offender additionally liable to a fine.

Readers should note that Section 326(f) BNS sets no minimum monetary value for the property or agricultural produce damaged. It covers general property of any kind as well as harvested crops or standing agricultural produce, whereas fire or explosives used to destroy a dwelling, place of worship, or property depository are dealt with more severely under Section 326(g) BNS.

Key Ingredients

  • Commission of mischief by fire or any explosive substance
  • Intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce
  • Punishment under Section 326(f) BNS of imprisonment of either description for up to seven years, with liability to fine

Punishment

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

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

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

Mischief by fire or explosive substance intending to cause, or knowing it to be likely to cause, damage to any property including agricultural produce carries imprisonment of either description up to seven years, and liability to fine.

Real-World Example

Near Varanasi, Suresh poured kerosene over a neighbour's stack of harvested wheat sheaves and ignited it, intending to destroy the harvest. Suresh knew that setting fire to the sheaves was likely to cause damage to agricultural produce. Suresh is punishable under Section 326(f) BNS.

When This Does Not Apply

  • The act did not amount to mischief under Section 324 BNS because the accused acted without intention or knowledge of causing wrongful loss or damage
  • The mischief was caused by means other than fire or an explosive substance
  • The accused neither intended nor knew it to be likely that he would thereby cause damage to any property, including agricultural produce

Previous Law

IPC 435 → Section 326(f) BNS

Section 435 IPC corresponds to Section 326(f) BNS. Section 326(f) BNS removes the monetary thresholds of one hundred rupees for general property and ten rupees for agricultural produce, covering mischief by fire or explosive substance intended or known to be likely to cause damage to any property including agricultural produce, whatever its value. The punishment of imprisonment of either description for up to seven years and liability to fine remains unchanged.

Section 326(g) BNS: Mischief by fire or explosive substance with intent to destroy house, etc

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Bare Act Text

Whoever commits mischief by,—

(g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 326(g) of the Bharatiya Nyaya Sanhita (BNS) penalises aggravated mischief by fire or explosives directed at buildings. It applies to anyone who commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that they will thereby cause, the destruction of any building which is ordinarily used as a place of worship, as a human dwelling, or as a place for the custody of property.

An offender convicted under Section 326(g) BNS shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. A sentence of imprisonment is required, and the court may also impose a fine.

Two points are central to this provision. First, the building only needs to be ordinarily used for worship, habitation, or the custody of property, so nobody has to be inside at the exact moment of the attack. Second, the provision requires intention or knowledge of likelihood to cause the destruction of the building, even if firefighters or neighbours extinguish the blaze before the structure is completely destroyed.

Key Ingredients

  • 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

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.

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

Mischief by fire or explosive substance with intent to destroy a place of worship, human dwelling or place for custody of property carries imprisonment for life, or imprisonment up to ten years, and liability to fine.

Real-World Example

In Jaipur, Amit poured petrol against the wooden door of an occupied residential house and set it on fire at midnight, intending to destroy the premises. Neighbours put out the fire before the house was destroyed, but the door and front room were burnt. Amit knew that his act was likely to cause the destruction of a building ordinarily used as a human dwelling. Amit is punishable under Section 326(g) BNS.

When This Does Not Apply

  • The act did not amount to mischief under Section 324 BNS because the accused acted without intention or knowledge of causing wrongful loss or damage
  • The mischief was caused by means other than fire or an explosive substance
  • The accused neither intended nor knew it to be likely that the act would cause the destruction of the building
  • The property affected was not a building ordinarily used as a place of worship, as a human dwelling, or as a place for the custody of property

Previous Law

IPC 436 → Section 326(g) BNS

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.

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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 ·