Mischief by injury, inundation, fire or explosive substance, etc
Section 326 of the Bharatiya Nyaya Sanhita, 2023 deals with mischief by injury, inundation, fire or explosive substance, etc. 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, shal The Act came into force on 01 Jul 2024.
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.
Section 326, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 430 water Distant match 59%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 7 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Mischief by causing diminution of supply of water for agricultural purposes, etc. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| Mischief by causing inundation or obstruction to public drainage attended with damage. | Imprisonment for 5 years, or with fine, or with both. | Cognizable. | Bailable. | Magistrate of the first class. |
| Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| Mischief by destroying or moving, etc., a landmark fixed by public authority. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Mischief by fire or explosive substance with intent to cause damage. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| Mischief by fire or explosive substance with intent to destroy a house, etc. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mallick Kalan& ORS. vs State of Bihar
Decided under Indian Penal Code 436, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In appeals from convictions arising out of communal rioting, arson and looting, the Court held that without a seizure list or other material establishing that the structures burnt were dwelling houses the aggravated arson conviction could not stand and was modified to the lesser form of mischief by fire; identification of individual rioters in a large unlawful assembly required at least two consistent witnesses, and the sentence was reduced to the period already undergone.
On this section: It shows what the prosecution must prove about the property burnt before the aggravated fire limb of Section 326 is attracted, and what becomes of the charge when that proof is missing.
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The State vs Candido Lopez, ORS
Decided under Indian Penal Code 436, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Setting aside a discharge granted by the Sessions Court after mob violence destroyed public property, the Court held that the choice between the simple and the aggravated form of mischief by fire turns on the character of the property burnt: premises used for the custody of property carry the enhanced protection, so the accused had to face the graver charge.
On this section: It supplies the test for the fire and explosive limbs of Section 326, separating ordinary mischief by fire from mischief directed at buildings used for the custody of property or as dwellings.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… A perusal of the material on record would indicate that respondent No.2 filed the instant complaint against the petitioners dated 07.10.2024 and registered an FIR in Crime No.167/2024 for the alleged offences punishable under Sections 3(5) and 326(b) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023'). 4. A perusal of the complaint would indicate that it is the specific allegation of respondent No.2 that the petitioners were doing illegal road cutting without obtaining necessary permission from Davanagere Smart City Limited. It is pertinent to note …
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… Justice Ambuj Nath --- For the Petitioner: Mr. Hadish Ansari, Advocate For the O.P-State: Mr. Vishwanath Roy, Special P.P. --- 02 / 18.02.2025 Heard the parties. 2. Petitioner has been made accused in connection with Lesliganj P.S. Case No. 82 of 2024 for the offences registered under sections 189(4), 189(5), 190, 191(2), 191(3), 125, 126, 127, 115(2), 109, 132, 117(2), 285, 221, 324(5), 324(6) and 326 of the Bharatiya Nyaya Sanhita, 2023 and section 3 (2) (D) of the Prevention of Damage to Public Property Act, pending in the court of Smt. Shikha Agrawal, learned Judicial Magistrate, Palamau. 3. On 15.07.2024 at about 1.30 p.m., a bus bearing registration no. JH 03Y 5971 dashed a Tempo, due to which, two …
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… order :- This Criminal Original Petition has been filed by the petitioner on 07.02.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant an order of pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 303(2) and 326(a) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.19 of 2025 on the file of the respondent-police. 3. The case of the prosecution is that on 24.01.2025, on receiving information, the Village Administrative Officer along with the …
Questions about Section 326
What have the courts held on Section 326 of the Bharatiya Nyaya Sanhita?
Mallick Kalan& ORS. vs State of Bihar (12 Mar 2018) is the leading judgment on this section among those set out below, though it was decided under IPC 436, which this section replaced -- the court never mentioned this Act: It shows what the prosecution must prove about the property burnt before the aggravated fire limb of Section 326 is attracted, and what becomes of the charge when that proof is missing. Another 1 judgment on this section is set out below. They run from 2012 to 2018.
Is Section 326 of the Bharatiya Nyaya Sanhita bailable?
Bailable, on a first conviction, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. This section is classified 7 ways; all of them are set out on this page.
Is Section 326 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 326 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 326, section 326 BNS, section 326 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 326 f in hindi and bns 326 g in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mallick Kalan& ORS. vs State of Bihar (12 Mar 2018).
What should I read with Section 326 of the Bharatiya Nyaya Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward IPC 430 (water), so the judgments decided under that provision are the case law on this one.
When did Section 326 of the Bharatiya Nyaya Sanhita come into force?
Section 326 of the Bharatiya Nyaya Sanhita, cited as BNS 326, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.