BNS Section 324 – Mischief
The Indian Penal Code (IPC) Section – 425,427,440
Bharatiya Nyaya Sanhita (BNS) Section 324: Mischief
This section defines and punishes the act of intentionally causing damage to property, whether public or private. Below is a simplified explanation:
What is Mischief?
Mischief occurs when someone:
- Intentionally or knowingly causes wrongful loss or damage to property.
- Destroys or alters property in a way that reduces its value, usefulness, or functionality.
Examples:
- Burning someone’s documents (e.g., property papers).
- Flooding an ice storage to melt the ice.
- Damaging crops by letting cattle into a field.
Key Points
- Intent Matters:
- The offender must intend to cause harm or know their actions will likely cause harm.
- Accidental damage is not mischief.
- Property Includes:
- Both private property (e.g., a car, house) and public property (e.g., government buildings, roads).
- Damage Types:
- Total destruction (e.g., burning a house).
- Partial damage (e.g., breaking a machine part).
- Reducing value (e.g., polluting a well).
Punishments
Punishment depends on the severity of damage:
| Type of Mischief | Punishment |
|---|---|
| General Mischief | Up to 6 months jail, or fine, or both. |
| Damage to Govt./Public Property | Up to 1 year jail, or fine, or both. |
| Damage worth ₹20,000–₹1 lakh | Up to 2 years jail, or fine, or both. |
| Damage worth ₹1 lakh or more | Up to 5 years jail, or fine, or both. |
| Mischief with Preparation to Cause Death/Hurt | Up to 5 years jail + fine. |
Legal Procedures
- Cognizable: Police can investigate without a warrant only for:
- Damage ≥ ₹1 lakh.
- Mischief involving preparation to cause death/hurt.
- Non-cognizable for other cases (police need a warrant).
- Bailable: Accused can seek bail in all cases.
- Trial Court: Magistrate (first-class magistrate for severe cases).
Example
Vijay sets fire to Rakesh’s vineyards to ruin his wine business. This is mischief causing significant financial loss. If the damage is ≥ ₹1 lakh, Vijay faces up to 5 years jail.
Why is this Law Important?
- Protects property rights.
- Deters intentional destruction of public/private assets.
- Ensures accountability for reckless or malicious acts.
Summary
BNS Section 324 punishes intentional damage to property. Penalties escalate with the value of damage, from 6 months to 5 years in jail. The law safeguards property owners and public assets, ensuring offenders face consequences for causing harm.