Section 435 IPC: Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
Indian Penal Code, 1860
Section 435 IPC at a Glance
Section 435 IPC deals with mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 326(f) BNS.
Imprisonment of either description for a term which may extend to seven years.
Section 435 IPC Bare Act Text
435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
Whoever commits 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 to the amount of one hundred rupees or upwards or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.
Source: Section 435, Indian Penal Code, 1860
Section 435 IPC in Simple Words
Section 435 of the Indian Penal Code (IPC) punishes mischief committed by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards, or where the property is agricultural produce, ten rupees or upwards. The prescribed punishment is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.
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 435 IPC
- The accused committed mischief as defined in Section 425 IPC
- The mischief was committed by fire or by an explosive substance
- The accused intended to cause, or knew it to be likely that he would thereby cause, damage to any property to the amount of one hundred rupees or upwards, or ten rupees or upwards where the property is agricultural produce
Punishment Under Section 435 IPC
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 with intent to cause damage of one hundred rupees or upwards, or ten rupees or upwards for agricultural produce, carries imprisonment of either description up to seven years, and liability to fine.
Example of Section 435 IPC
When Section 435 IPC Does Not Apply
- Section 435 IPC does not apply when fire or an explosive substance damages property accidentally without any intent or knowledge of likelihood of causing wrongful loss or damage.
- Section 435 IPC does not apply if the mischief is committed by means such as water, tools, or physical force rather than by fire or an explosive substance.
- Section 435 IPC does not apply where the offender neither intended nor knew it to be likely that the fire or explosive would cause damage of at least one hundred rupees to general property or at least ten rupees to agricultural produce.
Section 435 IPC in the BNS
Section 435 IPC is now covered under 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.
View detailed comparison (IPC 435 vs BNS 326(f)) →FAQs on Section 435 IPC
What does Section 435 IPC punish?▼
Section 435 IPC punishes mischief committed by fire or any explosive substance with intent to cause, or knowledge of likelihood of causing, damage of one hundred rupees or upwards, or ten rupees or upwards for agricultural produce.
What is the punishment prescribed under Section 435 IPC?▼
The section prescribes imprisonment of either description for a term extending up to seven years, and liability to fine.
Is Section 435 IPC bailable and cognizable?▼
Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 435 IPC is cognizable and bailable, triable by a Magistrate of the first class.
Can an offence under Section 435 IPC be compounded?▼
No. Section 435 IPC is not mentioned in Section 320 CrPC, so it cannot be compounded.
How does Section 326(f) BNS differ from Section 435 IPC?▼
Section 326(f) BNS eliminates the monetary damage thresholds of one hundred rupees and ten rupees, applying to any property damage caused by fire or explosives.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·