BNS Section 324: Mischief
Section 324 falls under Chapter 17 of the Bharatiya Nyaya Sanhita (BNS). Chapter 17 covers offences against property. Each section under this chapter deals with different offences related to various property related crimes. Section 324 specifically deals with mischief. Let us take a closer look at its provisions.
Definition of BNS Section 324
Section 324 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.
(2)Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or LocalAuthority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
(6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Explanation and Illustration of Section 324
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of mischief. Let us break down the section to get a better understanding of it.
Offence
Generally, the word mischief doesn’t really evoke a perception of crime. However, under certain circumstances, and act of mischief can lead to consequences that elevate it to a criminal act. And this section defines when and act of mischief becomes a crime. The section has been divided into 6 subsections, where the first subsection defines the conditions of mischief as a crime with illustrations to explain the nuances of it. The other subsections define the punishment for the various aspects of mischief as a crime. Let us take a look at each one of them.
Subsection (1) defines mischief as an act that has been performed with intent to cause, or with the knowledge that such action can cause:
wrongful loss or damage to the public or to any person
the destruction of any property
Manipulation or mutilation of any property
Destruction or diminishment in the value or utility of any property
Affecting any property injuriously
If any action performed with the intention of achieving any of the above shall be considered criminal mischief and shall be punishable under the provisions of this section. Further, there is an explanation given for the last point where it says that even if the person committing the mischief does not intend to hurt the owner of the property but knows that the damage to the property will cause a loss to the owner of the property, it shall be considered mischief.
Further, it also clarifies that even if the act has caused damage to any property owned by the person committing the mischief, as long as it has caused undue damage to someone else’s property along with it, it shall be considered mischief amounting to criminal offence and shall be punished under the provisions of this section. Let us take a look at the illustrations provided to get a clearer understanding.
Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
Here, it is a very clear cut case of mischief where A has attempted to destroy something belonging to Z with the intention of causing a loss to him.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
Here, even though A has not directly destroyed Z’s property, he committed an act which he knew would eventually translate into a loss for Z and hence it is mischief amounting to a crime.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
A has intentionally destroyed a property owned by Z with the intention of causing a loss.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
Here, A has technically damaged his own property. However, the intent of destroying that property was to cause a loss to Z by way of denying him his claim. So it amounts to mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.
Again, A has caused damage to his own property in order to cause a loss to the insurance underwriters.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
A has cast away his ship knowing that it would prevent Z from claiming the money lent by him. So when the ship is cast away, Z automatically suffers a loss.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
Even though the property belonged to both of them, it is the intent that matters. Here it has been defined that the only motivation for A to shoot the horse was to cause a loss to Z.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.
A has committed an act knowing that it would likely cause damage to Z. Further, he has done it hoping that it would cause damage to Z.
Subsection (2) defines the punishment for committing mischief.
Subsection (3) defines the punishment for committing mischief that causes loss or damage to any property including the property of Government or Local Authority.
Subsection (4) defines the punishment for committing mischief that causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees.
Subsection (5) defines the punishment for committing mischief that causes loss or damage to the amount of one lakh rupees or upwards.
Subsection(6) defines the punishment for committing mischief with the intention of causing death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint.
Punishment
Any person found guilty of committing mischief shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Any person found guilty of committing mischief that causes loss or damage to any property amounting to less than twenty thousand shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Any person found guilty of committing mischief that causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Any person found guilty of committing mischief that causes loss or damage to the amount of one lakh rupees or upwards shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.
Any person found guilty of committing mischief with the intention of causing death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Key Points in BNS Section 324
This section deals with: Mischief
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 324 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 324 of BNS replaces Section 424, 425, 427 & 440 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 324 | Mischief | 424, 425, 427, 440 | Four sections have been clubbed into one section as separate subsections. Subsection (3) and (5) are new. |
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FAQs about Section 324 of the Bharatiya Nyaya Sanhita (BNS)
What is the legal definition of mischief under Section 324?
Any act of destruction or damage to any property with the intent to cause loss or injury or hurt to the public or any specific amounts to mischief under this section.
Is damaging someone’s property always considered mischief?
No. There has to be intent to cause wrongful loss or hurt to any person associated with that property for it to be considered mischief under this section.
What are the penalties for committing mischief?
Any person found guilty under this section shall be punished with imprisonment that could extend from six months to five years depending on the intent of the act.
Can mischief charges apply to accidental damage?
No. Mischief has to imply intent to cause damage. Accidental damage, by nature, implies lack of intent.
How can victims report cases of mischief?
Any person affected by any act of mischief can report the same to the nearest police station or call the police control room line.
What evidence is required to prove mischief in court?
Deliberate damage to property must first be established, after intent to cause wrongful loss must be established through evidence. Without these evidences, offence under 324 cannot be established.
Are there different penalties for public and private property damage?
No. The penalties does not vary depending on whether it was public or private property. It varies on the basis of the value of the property and the intent of the mischief.
