Punishment for the mischief described in section 437 committed by fire or explosive substance
Section 438 of the Indian Penal Code, 1860 deals with punishment for the mischief described in section 437 committed by fire or explosive substance. Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section. 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 438, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 327 Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden Distant match 61%
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 The repealed enactment still governs what happened while it was in force.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.
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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Subelal Paswan vs The State of Bihar
Court's Decision & Legal Precedent
Anticipatory bail may be granted in cases where allegations appear motivated by workplace or personal disputes rather than genuine criminal conduct, provided the petitioner has no criminal antecedents and appropriate conditions are imposed to protect alleged victims and ensure compliance with the legal process. The conditions imposed should be proportionate to the nature of allegations and designed to prevent further incidents.
On this section: Anticipatory bail - the substantive provision under which bail was granted with conditions specified in subsection (2)
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 438
What have the courts held on Section 438 of the Indian Penal Code?
Subelal Paswan vs The State of Bihar (03 Feb 2015) is the leading judgment on this section among those set out below: Anticipatory bail - the substantive provision under which bail was granted with conditions specified in subsection (2).
How do I find court cases under Section 438 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 438, section 438 IPC, section 438 of the Indian Penal Code. People searching for it also type ipc 438 in bns and ipc 438 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Subelal Paswan vs The State of Bihar (03 Feb 2015).
What should I read with Section 438 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 327 (Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 438 of the Indian Penal Code come into force?
Section 438 of the Indian Penal Code, cited as IPC 438, 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.