Section 436 IPC: Mischief by fire or explosive substance with intent to destroy house, etc
Indian Penal Code, 1860
Section 436 IPC at a Glance
Section 436 IPC deals with mischief by fire or explosive substance with intent to destroy house, etc. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 326(g) BNS.
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.
Section 436 IPC Bare Act Text
436. Mischief by fire or explosive substance with intent to destroy house, etc
Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Source: Section 436, Indian Penal Code, 1860
Section 436 IPC in Simple Words
Section 436 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, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property. The prescribed punishment is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.
Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is cognizable, non-bailable, and triable by the Court of Session. The offence is not compoundable under Section 320 CrPC.
Ingredients of Section 436 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, the destruction of any building
- The building was ordinarily used as a place of worship, or as a human dwelling, or as a place for the custody of property
Punishment Under Section 436 IPC
Imprisonment for life, or imprisonment of either description for a term which may extend to ten 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 destroy a place of worship, human dwelling or place for custody of property carries imprisonment for life, or imprisonment up to ten years, and liability to fine.
Example of Section 436 IPC
When Section 436 IPC Does Not Apply
- Section 436 IPC does not apply when a building catches fire or suffers blast damage through pure accident or negligence without the intent or knowledge required for mischief.
- Section 436 IPC does not apply if the building is damaged or demolished by mechanical equipment or tools rather than by fire or an explosive substance.
- Section 436 IPC does not apply where the accused intended only minor surface damage and neither intended nor knew it to be likely that the fire or explosive would cause the destruction of the building.
- Section 436 IPC does not apply when the structure targeted is an abandoned ruin or open shed not ordinarily used as a place of worship, a human dwelling, or a place for the custody of property.
Section 436 IPC in the BNS
Section 436 IPC is now covered under Section 326(g) BNS.
Section 436 IPC corresponds to Section 326(g) BNS. Section 326(g) BNS reproduces the provisions of Section 436 IPC without substantive change, punishing anyone who commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building ordinarily used as a place of worship, as a human dwelling or as a place for the custody of property. The punishment of imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine, remains unchanged.
View detailed comparison (IPC 436 vs BNS 326(g)) →FAQs on Section 436 IPC
What does Section 436 IPC punish?▼
Section 436 IPC punishes mischief committed by fire or any explosive substance intending to destroy, or knowing it to be likely to destroy, any building ordinarily used as a place of worship, human dwelling, or place for the custody of property.
What is the punishment prescribed under Section 436 IPC?▼
The section prescribes imprisonment for life, or imprisonment of either description for a term extending up to ten years, and liability to fine.
Is Section 436 IPC bailable and cognizable?▼
Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 436 IPC is cognizable and non-bailable, triable by the Court of Session.
Can an offence under Section 436 IPC be compounded?▼
No. Section 436 IPC is not listed in Section 320 CrPC, so it cannot be compounded.
Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 436 IPC?▼
Section 436 IPC corresponds to Section 326(g) BNS, which retains the same ingredients and penalties without substantive alteration.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·