Mischief by injury, inundation, fire or explosive substance, etc
What this section does
This section creates several aggravated forms of mischief based on the specific target or means used, including diminishing water supply, damaging public roads or waterways, causing inundation, destroying navigation signals or landmarks, and using fire or explosives. Punishments range from one year to life imprisonment depending on the clause attracted.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Clauses (a), (b), (c): imprisonment up to 5 years, or fine, or both. Clause (d): imprisonment up to 7 years, or fine, or both. Clause (e): imprisonment up to 1 year, or fine, or both. Clause (f): imprisonment up to 7 years and fine. Clause (g): imprisonment for life, or imprisonment up to 10 years, and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- Depends
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused committed mischief (as defined in section 324)
- The mischief fell within one of the specified categories: (a) diminishing water supply for agriculture, human/animal consumption, cleanliness, or manufacture; (b) rendering a public road, bridge, or navigable channel impassable or less safe; (c) causing inundation or obstruction to public drainage with injury or damage; (d) destroying or moving a navigation sign or signal for rail, aircraft, or ship; (e) destroying or moving a land-mark fixed by public authority; (f) using fire or explosive substance to damage property including agricultural produce; (g) using fire or explosive substance to destroy a building used as a dwelling, place of worship, or place for custody of property
- The accused intended to cause, or knew he was likely to cause, the relevant harm
Practitioner note
Clause (f) and (g) mandate fine in addition to imprisonment (not alternative). Clause (g) carries a maximum of life imprisonment. Note that section 327 (mischief to rail/aircraft/vessel) appears embedded at the end of the fullText for section 326 in the source document — practitioners should verify the India Code for the authoritative text of section 327.
Derived from IPC s.430 / IPC s.431 / IPC s.432 / IPC s.433 / IPC s.434 / IPC s.435 / IPC s.436.
Read the official text
For the binding statutory text of BNS Section 326, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 326 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.