Section 438 IPC: Punishment for the mischief described in section 437 committed by fire or explosive substance

Indian Penal Code, 1860

Section 438 IPC at a Glance

Section 438 IPC deals with punishment for the mischief described in section 437 committed by fire or explosive substance. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 327(2) BNS.

Punishment

Imprisonment for life, or 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(2) →

Section 438 IPC Bare Act Text

438. Punishment for the mischief described in section 437 committed by fire or explosive substance

Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, 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 438, Indian Penal Code, 1860

Section 438 IPC in Simple Words

Section 438 of the Indian Penal Code (IPC) punishes committing or attempting to commit, by fire or any explosive substance, the mischief described in Section 437 IPC against any decked vessel or any vessel of a burden of twenty tons or upwards. 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 438 IPC

  • The accused committed, or attempted to commit, mischief to any decked vessel or any vessel of a burden of twenty tons or upwards
  • The act was committed, or attempted, by fire or by an explosive substance
  • 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 438 IPC

Imprisonment

Imprisonment for life, or 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 or attempted mischief by fire or explosive substance to destroy or make unsafe a decked or twenty-ton vessel carries imprisonment for life, or imprisonment up to ten years, and liability to fine.

Example of Section 438 IPC

In January 2022, at the waterfront in Porbandar, Gujarat, Kiran attached a stick of dynamite to the hull of a decked timber schooner of thirty-five tons burden belonging to Harish. Intending to cause wrongful loss to Harish and to destroy the vessel, Kiran lit the fuse and fled. The explosive detonated against the hull, shattering several thick planks and rendering the schooner unsafe. Because Kiran committed mischief by an explosive substance to a decked vessel of twenty tons burden or upwards with intent to destroy it, Kiran is punishable under Section 438 IPC.

When Section 438 IPC Does Not Apply

  • Section 438 IPC does not apply when a fire or explosion on board a vessel is accidental and lacks the intent or knowledge required for mischief.
  • Section 438 IPC does not apply if the mischief or attempt against the vessel is carried out using mechanical tools or flooding rather than fire or an explosive substance.
  • Section 438 IPC does not apply where the craft targeted is an undecked boat of less than twenty tons burden.
  • Section 438 IPC does not apply if the offender neither intended nor knew it to be likely that the fire or explosive would destroy the vessel or render it unsafe.

Section 438 IPC in the BNS

Section 438 IPC is now covered under Section 327(2) BNS.

Section 438 IPC corresponds to Section 327(2) BNS. Section 327(2) BNS punishes committing or attempting to commit by fire or explosive substance such mischief as is described in Section 327(1) BNS. Because Section 327(1) BNS adds rail and aircraft alongside decked vessels and vessels of twenty tons burden, the aggravated fire and explosive offence now covers rail and aircraft as well as vessels. 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 438 vs BNS 327(2)) →

FAQs on Section 438 IPC

What does Section 438 IPC punish?▼

Section 438 IPC punishes committing or attempting to commit by fire or explosive substance the mischief described in Section 437 IPC against a decked or twenty-ton vessel.

What is the punishment prescribed under Section 438 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 438 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 438 IPC is cognizable and non-bailable, triable by the Court of Session.

Can an offence under Section 438 IPC be compounded?▼

No. Section 438 IPC is not mentioned in Section 320 CrPC, so it cannot be compounded.

Does Section 438 IPC punish attempts to commit mischief by fire?▼

Yes. The section explicitly punishes whoever commits or attempts to commit the mischief by fire or explosive substance with the same punishment as the completed act.

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