Section 440 IPC: Mischief committed after preparation made for causing death or hurt

Indian Penal Code, 1860

Section 440 IPC at a Glance

Section 440 IPC deals with mischief committed after preparation made for causing death or hurt. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 324(6) BNS.

Punishment

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

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 324(6) →

Section 440 IPC Bare Act Text

440. Mischief committed after preparation made for causing death or hurt

Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Source: Section 440, Indian Penal Code, 1860

Section 440 IPC in Simple Words

Section 440 of the Indian Penal Code (IPC) punishes mischief committed after preparation has been made for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint. The prescribed punishment is imprisonment of either description for a term which may extend to five 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 440 IPC

  • The accused committed mischief as defined in Section 425 IPC
  • Before committing the mischief, the accused made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint
  • The mischief was committed after having made such preparation

Punishment Under Section 440 IPC

Imprisonment

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

Fine

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

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Committing mischief after making preparation for causing death, hurt, wrongful restraint, or fear of such harm carries imprisonment of either description up to five years, and liability to fine.

Example of Section 440 IPC

In December 2019, in Nashik, Maharashtra, Rajesh went to Anand's vineyard intending to smash his glass greenhouse and irrigation pump to cause him wrongful loss. Before entering the vineyard, Rajesh armed himself with a wooden club and carried a heavy chain and padlock to lock the caretaker inside his cabin or beat him if he interfered. Having made preparation for causing hurt or wrongful restraint, Rajesh shattered the greenhouse glass panels and broke the irrigation pump, committing mischief. Rajesh is punishable under Section 440 IPC.

When Section 440 IPC Does Not Apply

  • Section 440 IPC does not apply when property is damaged accidentally without any intention or knowledge of likelihood of causing wrongful loss or damage.
  • Section 440 IPC does not apply if an offender commits mischief to property on the spur of the moment without having made prior preparation to cause death, hurt, wrongful restraint, or fear of any such harm.
  • Section 440 IPC does not apply where a person prepares weapons or restraints to cause hurt or wrongful restraint, but abandons the plan before committing any mischief.

Section 440 IPC in the BNS

Section 440 IPC is now covered under Section 324(6) BNS.

Section 440 IPC corresponds to Section 324(6) BNS. Under the Bharatiya Nyaya Sanhita, the consolidated offence of mischief is enacted in Section 324(6) BNS, and Section 324(6) BNS reproduces the substantive offence of Section 440 IPC word for word. A person who commits mischief after making preparation for causing death, hurt, wrongful restraint, or fear of such harm remains punishable with imprisonment of either description for up to five years and liability to fine.

View detailed comparison (IPC 440 vs BNS 324(6)) →

FAQs on Section 440 IPC

What offence does Section 440 IPC define?▼

Section 440 IPC punishes anyone who commits mischief after having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint.

What punishment is prescribed under Section 440 IPC?▼

The section prescribes imprisonment of either description for a term extending up to five years, and the offender is also liable to fine.

Is Section 440 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 440 IPC is cognizable and bailable, triable by a Magistrate of the first class.

Can an offence under Section 440 IPC be compounded?▼

No. Section 440 IPC is not included under Section 320 CrPC, making it non-compoundable.

Is actual hurt or restraint required for conviction under Section 440 IPC?▼

No. The section requires only that preparation was made for causing death, hurt, wrongful restraint, or fear thereof, and that mischief was committed thereafter, regardless of whether bodily harm actually resulted.

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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 ·