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BNS, 2023
Start Practicing
BNSChapter XVIISection 326
Section326

Mischief by injury, inundation, fire or explosive substance, etc

AI Assist

Summary

Causing or knowingly risking damage to public or private resources by acts such as reducing water supply, blocking roads or drains, moving navigation signs or official land-marks, or using fire or explosives is an offence. Penalties vary by act: fines and imprisonment up to one to seven years for many offences, and life or up to ten years plus fine where fire or explosives destroy a dwelling or place of worship. Lesser acts may attract shorter terms or only fines.

Example

Meera, upset with a neighbour, sets fire to the neighbour's grain store intending to destroy the crops. She can be prosecuted under this provision and, if convicted, face up to seven years' imprisonment and a fine.

Bare Act

Enacted text

Whoever commits mischief by,

  • (a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;

  • (b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;

  • (c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;

  • (d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both;

  • (e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both;

  • (f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine;

  • (g) 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.

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XVII

Chapter XVII

Of Offences Against Property

In this chapter

  • 303Theft
  • 304Snatching
  • 305Theft in a dwelling house, or means of transportation or place of worship, etc
  • 306Theft by clerk or servant of property in possession of master
  • 307Theft after preparation made for causing death, hurt or restraint in order to the committing of theft
  • 308Extortion
  • 309Robbery
  • 310Dacoity
  • 311Robbery, or dacoity, with attempt to cause death or grievous hurt
  • 312Attempt to commit robbery or dacoity when armed with deadly weapon
  • 313Punishment for belonging to gang of robbers, etc
  • 314Dishonest misappropriation of property
  • 315Dishonest misappropriation of property possessed by deceased person at the time of his death
  • 316Criminal breach of trust
  • 317Stolen property
  • 318Cheating
  • 319Cheating by personation
  • 320Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
  • 321Dishonestly or fraudulently preventing debt being available for creditors
  • 322Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
  • 323Dishonest or fraudulent removal or concealment of property
  • 324Mischief
  • 325Mischief by killing or maiming animal
  • 326Mischief by injury, inundation, fire or explosive substance, etc
  • 327Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
  • 328Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
  • 329Criminal trespass and house-trespass
  • 330House-trespass and house-breaking
  • 331Punishment for house-trespass or house breaking
  • 332House-trespass in order to commit offence
  • 333House-trespass after preparation for hurt, assault or wrongful restraint
  • 334Dishonestly breaking open receptacle containing property
Previous · Section 325Mischief by killing or maiming animalNext · Section 327Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden