Section 434 IPC: Mischief by destroying or moving, etc., a land-mark fixed by public authority

Indian Penal Code, 1860

Section 434 IPC at a Glance

Section 434 IPC deals with mischief by destroying or moving, etc., a land-mark fixed by public authority. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 326(e) BNS.

Punishment

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

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

Section 326(e) →

Section 434 IPC Bare Act Text

434. Mischief by destroying or moving, etc., a land-mark fixed by public authority

Whoever 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, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Source: Section 434, Indian Penal Code, 1860

Section 434 IPC in Simple Words

Section 434 of the Indian Penal Code (IPC) punishes mischief committed 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 prescribed punishment is imprisonment of either description for a term which may extend to one year, or fine, or both.

Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is non-cognizable and bailable, and it is triable by any Magistrate. The offence is not compoundable under Section 320 CrPC.

Ingredients of Section 434 IPC

  • The accused committed mischief as defined in Section 425 IPC
  • The land-mark was fixed by the authority of a public servant
  • The act destroyed or moved the land-mark, or rendered such land-mark less useful as such

Punishment Under Section 434 IPC

Imprisonment

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

Fine

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

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

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.

Example of Section 434 IPC

In August 2018, in a village near Madurai in Tamil Nadu, a district tahsildar ordered the installation of an engraved survey stone to mark the border between government forest land and Karthik's agricultural plot. Hoping to annex a strip of the forest land and knowing he would cause wrongful damage to public property, Karthik shattered the engraved survey stone with a sledgehammer at night. By intentionally destroying a land-mark fixed by the authority of a public servant, Karthik committed mischief. Karthik is punishable under Section 434 IPC.

When Section 434 IPC Does Not Apply

  • Section 434 IPC does not apply if a person accidentally knocks over or damages a land-mark without any intent or knowledge of likelihood of causing wrongful loss or damage.
  • Section 434 IPC does not apply when the boundary stone or marker that was moved or destroyed was placed privately by landowners rather than fixed by the authority of a public servant.
  • Section 434 IPC does not apply if the act done to the publicly fixed land-mark neither destroys nor moves it and does not make it less useful as a land-mark.

Section 434 IPC in the BNS

Section 434 IPC is now covered under 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.

View detailed comparison (IPC 434 vs BNS 326(e)) →

FAQs on Section 434 IPC

What does Section 434 IPC punish?▼

Section 434 IPC punishes mischief committed by destroying or moving any land-mark fixed by the authority of a public servant, or by doing any act which renders such land-mark less useful as such.

What is the punishment prescribed under Section 434 IPC?▼

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

Is Section 434 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 434 IPC is bailable and non-cognizable, triable by any Magistrate.

Can an offence under Section 434 IPC be compounded?▼

No. Section 434 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Which provision of the Bharatiya Nyaya Sanhita replaces Section 434 IPC?▼

Section 434 IPC is replaced by Section 326(e) BNS, where its provisions are reproduced without change in substance.

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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 · Last updated: 16 Oct 2026 ·