Section 432 IPC: Mischief by causing inundation or obstruction to public drainage attended with damage

Indian Penal Code, 1860

Section 432 IPC at a Glance

Section 432 IPC deals with mischief by causing inundation or obstruction to public drainage attended with damage. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 326(c) BNS.

Punishment

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

Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜

Section 432 IPC Bare Act Text

432. Mischief by causing inundation or obstruction to public drainage attended with damage

Whoever commits mischief by 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.

Source: Section 432, Indian Penal Code, 1860

Section 432 IPC in Simple Words

Section 432 of the Indian Penal Code (IPC) punishes mischief committed by any act which causes, or which the offender knows to be likely to cause, an inundation or an obstruction to any public drainage attended with injury or damage. 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 not compoundable under Section 320 CrPC.

Ingredients of Section 432 IPC

  • The accused committed mischief as defined in Section 425 IPC
  • The act caused, or the accused knew it to be likely to cause, an inundation or an obstruction to any public drainage
  • The inundation or obstruction was attended with injury or damage

Punishment Under Section 432 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 โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜

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.

Example of Section 432 IPC

In 2022 in Cuttack, Tarun wanted to get back at traders along a market lane after a dispute over stall fees. One night, Tarun cemented shut the iron grating of a public sewage culvert at the end of the lane. Wastewater backed up along the street and soaked sacks of flour in Keshav's bakery, ruining the stock. Tarun intended to cause wrongful loss and knew his act would obstruct the public drainage with resulting damage. Tarun is punishable under Section 432 IPC.

When Section 432 IPC Does Not Apply

  • No inundation occurred, and any drainage that was blocked belonged solely to a private individual rather than the public.
  • The flooding or blockage of the public drainage did not result in any injury or damage.
  • The person acted without intending to cause wrongful loss or damage and without knowing that such loss or damage was likely.

Section 432 IPC in the BNS

Section 432 IPC is now covered under 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.

View detailed comparison (IPC 432 vs BNS 326(c)) โ†’

FAQs on Section 432 IPC

What does Section 432 IPC punish?โ–ผ

Section 432 IPC punishes mischief that causes flooding, or blocks any public drainage, where injury or damage results.

What is the punishment prescribed under Section 432 IPC?โ–ผ

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 432 IPC bailable and cognizable?โ–ผ

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 432 IPC is cognizable and bailable, triable by a Magistrate of the first class.

Can an offence under Section 432 IPC be compounded?โ–ผ

No. Section 432 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Must the inundation or obstruction cause damage under Section 432 IPC?โ–ผ

Yes. The inundation or obstruction must be attended with injury or damage.

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

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท