Section 437 IPC: Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden

Indian Penal Code, 1860

Section 437 IPC at a Glance

Section 437 IPC deals with mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 327(1) BNS.

Punishment

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

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 327(1) →

Section 437 IPC Bare Act Text

437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden

Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 437, Indian Penal Code, 1860

Section 437 IPC in Simple Words

Section 437 of the Indian Penal Code (IPC) punishes mischief committed to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel. The prescribed punishment is 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 437 IPC

  • The accused committed mischief as defined in Section 425 IPC to a vessel
  • The vessel was a decked vessel or a vessel of a burden of twenty tons or upwards
  • The accused intended to destroy or render unsafe that vessel, or knew it to be likely that he would thereby destroy or render unsafe that vessel

Punishment Under Section 437 IPC

Imprisonment

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

Fine

The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Mischief to a decked vessel or vessel of twenty tons burden with intent to destroy or render it unsafe carries imprisonment of either description up to ten years, and liability to fine.

Example of Section 437 IPC

In October 2020, at a harbour in Visakhapatnam, Andhra Pradesh, Naveen boarded a moored decked passenger vessel of thirty tons burden owned by Raghav. Intending to cause wrongful loss to Raghav and render the vessel unsafe for navigation, Naveen used an iron crowbar and a heavy drill to bore holes through the hull planks below the waterline and sever the steering cable. Water began seeping into the hull, damaging the craft and making it unsafe to sail. Naveen is punishable under Section 437 IPC.

When Section 437 IPC Does Not Apply

  • Section 437 IPC does not apply when damage to a vessel occurs accidentally during docking or navigation without the intent or knowledge required to constitute mischief.
  • Section 437 IPC does not apply if the boat damaged is an open, undecked craft with a carrying capacity under twenty tons burden.
  • Section 437 IPC does not apply where the offender commits minor mischief on a vessel, such as defacing paintwork, without intending or knowing it to be likely that the act will destroy the vessel or make it unsafe.

Section 437 IPC in the BNS

Section 437 IPC is now covered under Section 327(1) BNS.

Section 437 IPC corresponds to Section 327(1) BNS. Section 327(1) BNS expands statutory protection beyond decked or heavy maritime vessels to include any rail or aircraft alongside any decked vessel or any vessel of a burden of twenty tons or upwards, punishing anyone who intends to destroy or render unsafe that rail, aircraft or vessel or knows such result to be likely. The punishment of imprisonment of either description for up to ten years and liability to fine remains unchanged.

View detailed comparison (IPC 437 vs BNS 327(1)) →

FAQs on Section 437 IPC

What does Section 437 IPC punish?▼

Section 437 IPC punishes mischief committed to any decked vessel or any vessel of twenty tons burden or upwards, with intent or knowledge that it will destroy or render unsafe that vessel.

What is the punishment prescribed under Section 437 IPC?▼

The section prescribes imprisonment of either description for a term extending up to ten years, and liability to fine.

Is Section 437 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 437 IPC is cognizable and non-bailable, triable by the Court of Session.

Can an offence under Section 437 IPC be compounded?▼

No. Section 437 IPC is not mentioned in Section 320 CrPC, so it cannot be compounded.

How does Section 327(1) BNS differ from Section 437 IPC?▼

Section 327(1) BNS extends the offence to mischief against any rail or aircraft alongside qualifying maritime vessels, retaining the same punishment.

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