Section 430 IPC: Mischief by injury to works of irrigation or by wrongfully diverting water

Indian Penal Code, 1860

Section 430 IPC at a Glance

Section 430 IPC deals with mischief by injury to works of irrigation or by wrongfully diverting water. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 326(a) BNS.

Punishment

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

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

Section 326(a) →

Section 430 IPC Bare Act Text

430. Mischief by injury to works of irrigation or by wrongfully diverting water

Whoever commits mischief by 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.

Source: Section 430, Indian Penal Code, 1860

Section 430 IPC in Simple Words

Section 430 of the Indian Penal Code (IPC) punishes mischief committed by any act which causes, or which the offender knows to be likely to cause, a diminution of the supply of 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. The punishment is imprisonment of either description for a term which may extend to five years, or fine, or both.

Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is cognizable, bailable, and triable by a Magistrate of the first class. 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 430 IPC

  • The accused committed mischief as defined in Section 425 IPC
  • The mischief was committed by an act which caused, or which the accused knew to be likely to cause, a diminution of the supply of water
  • The water was supplied 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 430 IPC

Imprisonment

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

Fine

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

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

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.

Example of Section 430 IPC

In 2016 in Tiruppur, Chandran had a commercial rivalry with Murugan, who ran a cotton dyeing workshop. One night, Chandran smashed the concrete conduit that carried water from a storage reservoir to Murugan's workshop, causing the water to leak into a wasteland. His act diminished the supply of water used for carrying on manufacture at the workshop. Chandran intended to cause wrongful loss to Murugan and knew his act would diminish that water supply. Chandran is punishable under Section 430 IPC.

When Section 430 IPC Does Not Apply

  • The act neither reduced the supply of water nor was known by the doer to be likely to reduce it.
  • The water affected was not meant for agriculture, human food or drink, animals that are property, cleanliness, or manufacturing.
  • The person acted without intending to cause wrongful loss or damage and without knowing that wrongful loss or damage was likely.

Section 430 IPC in the BNS

Section 430 IPC is now covered under 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.

View detailed comparison (IPC 430 vs BNS 326(a)) →

FAQs on Section 430 IPC

What does Section 430 IPC punish?▼

Section 430 IPC punishes mischief that diminishes, or is known to be likely to diminish, the supply of water used for agriculture, for food or drink, for cleanliness, or for manufacture.

What is the punishment prescribed under Section 430 IPC?▼

The prescribed punishment is imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Is Section 430 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 430 IPC is cognizable and bailable, triable by a Magistrate of the first class.

Can an offence under Section 430 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.

Does Section 430 IPC cover water for animals?▼

Yes. It covers water for food or drink for animals which are property, as well as for human beings.

Have questions about Section 430 IPC?

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, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·