Section 426 IPC: Punishment for mischief
Indian Penal Code, 1860
Section 426 IPC at a Glance
Section 426 IPC deals with punishment for mischief. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 324(2) BNS.
Imprisonment of either description for a term which may extend to three months.
Section 426 IPC Bare Act Text
426. Punishment for mischief
Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Source: Section 426, Indian Penal Code, 1860
Section 426 IPC in Simple Words
Section 426 of the Indian Penal Code (IPC) prescribes the punishment for mischief, which Section 425 IPC defines. Whoever commits mischief is punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is non-cognizable, bailable, and triable by any Magistrate. The offence is compoundable under Section 320(1) CrPC by the person to whom the loss or damage is caused, where the only loss or damage is to a private person.
Ingredients of Section 426 IPC
- The accused committed mischief as defined in Section 425 IPC
- The accused caused the destruction of any property, or such change in any property or in its situation as destroys or diminishes its value or utility, or affects it injuriously
- The accused intended to cause, or knew that he was likely to cause, wrongful loss or damage to the public or to any person
Punishment Under Section 426 IPC
Imprisonment of either description for a term which may extend to three months.
The court may impose fine alone, or fine in addition to imprisonment.
Mischief carries imprisonment of either description up to three months, or fine, or both.
Example of Section 426 IPC
When Section 426 IPC Does Not Apply
- No property was destroyed or altered in a way that reduced its value or utility or harmed it.
- The person who damaged the property had neither the intention to cause wrongful loss or damage nor knowledge that such loss or damage was likely.
- The harm to the property occurred through an unavoidable accident without any culpable mental state.
Section 426 IPC in the BNS
Section 426 IPC is now covered under 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.
View detailed comparison (IPC 426 vs BNS 324(2)) →FAQs on Section 426 IPC
What does Section 426 IPC punish?▼
Section 426 IPC punishes the offence of mischief as defined in Section 425 IPC.
What is the punishment prescribed under Section 426 IPC?▼
The prescribed punishment is imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Is Section 426 IPC bailable and cognizable?▼
Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 426 IPC is non-cognizable and bailable, triable by any Magistrate.
Can an offence under Section 426 IPC be compounded?▼
The person to whom the loss or damage is caused may compound it without the permission of the court under Section 320(1) CrPC, but only where the only loss or damage caused is loss or damage to a private person.
How does Section 426 IPC differ from Section 427 IPC?▼
Section 427 IPC applies where the mischief causes loss or damage to the amount of fifty rupees or upwards, and it allows imprisonment for up to two years.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·