BNS Section 326: (a) Mischief by injury, inundation, fire or explosive substance, etc
Equivalent Legacy Law: IPC Section 430
💡 Simplified Explanation
BNS Section 326 deals with the legal rules and penalties for MISCHIEF. In simple terms: Deliberately causing damage or destruction to property to cause financial loss or harm to someone.
Real-World Scenario
"Keying the side of someone's car or smashing a shop window during an argument."
⚖️ Procedural Classification Summary
Mischief by causing
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 5 years,diminution of supply ofor fine, or both.class. water for agricultural purposes, etc
Mischief by injury to public
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 5 years,road, bridge, navigable river, or fine, or both.class. or navigable channel, and rendering it impassable or less safe for travelling or conveying property
Mischief by causing
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 5 years,inundation or obstructionor with fine, or with both.class. to public drainage attended with damage
Mischief by destroying or
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 7 years,moving or rendering lessor fine, or both.class. useful a lighthouse or seamark, or by exhibiting false lights
Mischief by destroying or
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 1 year, moving, etc., a landmarkor fine, or both. fixed by public authority
Mischief by fire or explosive
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 7 yearssubstance with intent toand fine.class. cause damage
Mischief by fire or explosive
Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Court of Session
Punishment: Imprisonment for life, orsubstance with intent toimprisonment for 10 years destroy a house, etc.and fine
📜 Official Statutory Provision
IPC section is included as a sub-section sans heading. 326 (b) Mischief by injury to public road, bridge, river or channel. 431 Words “whoever commits mischief” is excluded. Section is included as a sub-section sans heading. 326 (c) Mischief by causing inundation or obstruction to public drainage attended with damage. 432 IPC section is included as a sub-section sans heading. 326 (d) Mischief by injury, inundation, fire or explosive substance, etc. 433 words “light house or other light used as sea marks or any sea mark or buoy” are replaced by “any sign or signal used for navigation of rail, aircraft, or ship,” thus the scope is widened immensely. 326 (e) Mischief by destroying or moving, etc., a land-mark fixed by public authority. 434 IPC section is included as a sub-section sans heading. 326 (f) Mischief by injury, inundation, fire or explosive substance, etc. 435 Words "including agricultural produce" added. 326 (g) Mischief by fire or explosive substance with intent to destroy house, etc. 436 IPC section is included as a sub-section sans heading.