BNS Section 327: Mischief With Intent To Destroy Or Make Unsafe A Rail, Aircraft, Decked Vessel Or One Of Twenty Tons Burden

Definition of BNS Section 327

Section 327 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), 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.

Explanation and Illustration of Section 327

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 endangering large transport vessels. Let us break down the section to get a better understanding of it.

• Offence

  This section specifically deals with mischief related to large vehicles or vessels that are used for transportation of people and property. For the purpose of this section a large vessel or vehicle has been defined as any mode of transportation that weighs more than twenty tonnes in weightage. It has been divided into two subsections, highlighting two acts of mischief against large vehicles. Let us take a look.
  
  Subsection (1) states that any person who commits an act of mischief with the intention of causing destruction, or knowing that such an action will cause the destruction of any large vehicle or render it unsafe for its purposes, shall be considered an offender under the provisions of this section. Large vehicles, for the purpose of this section, include trains, aircrafts and ships.
  
  Subsection (2) states that any person who commits an act of mischief that involves fire or explosive items with the intention of causing destruction or knowing that such an action will cause the destruction of any large vehicle or render it unsafe for its purposes shall be considered an offender under the provisions of this section.

• Punishment

  Any person found guilty of committing any act of mischief with the intent of causing damage to any large vehicle or commits such an act despite knowing that it can cause damage to any large vehicle shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
  
  Any person found guilty of committing any act of mischief involving fire or any explosive substance, with the intent of causing damage to any large vehicle or commits such an act despite knowing that it can cause damage to any large vehicle shall be punished with imprisonment for life or with imprisonment for a term which may extend to ten 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.

• Illustration

  A and his friends, who live by the railway dockyard, decide to see what happens to a train if they set off explosives inside one of its compartments. A and his friends are offenders under the provisions of section 327.

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