Punishment for mischief
Section 426 of the Indian Penal Code, 1860 deals with punishment for mischief. Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Section 426, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 324 Mischief Close, with changes 79%
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 The repealed enactment still governs what happened while it was in force.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.
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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State vs Saif Ali
Court's Decision & Legal Precedent
The provisions of Chapter VIII of the Indian Penal Code, specifically Sections 147, 148, and 149 IPC, can be applied to offences under special laws like the Wildlife Protection Act, but only to the extent that the underlying offence falls within the scope of the specific IPC provision. Section 149 IPC can be applied to wildlife protection violations when committed by an unlawful assembly because hunting protected animals constitutes 'mischief' under Section 425 IPC, which falls within Clause Thirdly of Section 141 IPC's definition of unlawful assembly. However, Section 147 IPC (rioting) cannot be applied to wildlife hunting because rioting requires use of criminal force on persons, not animals. The definition of 'offence' under Section 40 IPC extends to special laws when the offence is punishable with imprisonment of six months or more, and damage to wildlife constitutes loss to the public through ecological harm, thereby satisfying the mischief definition.
On this section: Various kinds of mischief - Court referenced these sections defining different types of mischief
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Ajjamada Katti Mandaiah vs State of Karnataka
Court's Decision & Legal Precedent
Proceedings initiated against public servants for acts done in discharge of official duty without prior sanction under Section 197 CrPC are illegal and liable to be quashed by the High Court under Section 482 CrPC. However, private citizens acting as moral police without official authority are not entitled to the protection of Section 197 CrPC and must face criminal proceedings if prima facie case is made out.
On this section: Punishment for mischief
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.
Questions about Section 426
What have the courts held on Section 426 of the Indian Penal Code?
State vs Saif Ali (24 Jul 2012) is the leading judgment on this section among those set out below: Various kinds of mischief - Court referenced these sections defining different types of mischief. Another 1 judgment on this section is set out below. They run from 2009 to 2012.
How do I find court cases under Section 426 of the Indian Penal Code?
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: IPC 426, section 426 IPC, section 426 of the Indian Penal Code. People searching for it also type ipc 426 in bns and ipc 426 punishment. 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 State vs Saif Ali (24 Jul 2012).
What should I read with Section 426 of the Indian Penal Code, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 324 (Mischief), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 426 of the Indian Penal Code come into force?
Section 426 of the Indian Penal Code, cited as IPC 426, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.