BNS Section 327: Mischief With Intent To Destroy Or Make Unsafe A Rail, Aircraft, Decked Vessel Or One Of Twenty Tons Burden
Section 327 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 327 specifically deals with mischief endangering large transport vessels. Let us take a closer look at its provisions.
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.
Key Points in BNS Section 327
This section deals with: Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 327 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 327 of BNS replaces Section 437, 438 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 |
|---|---|---|---|
| 327 | Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. | 437, 438 | Two sections have been clubbed under one. |
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FAQs about Section 327 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 327 cover regarding rail and vessel safety?
Any person found guilty of committing any act of mischief with the intent to destroy any large vessel or vehicle shall be considered an offender under this section.
Is attempting to destroy a rail or vessel punishable even if unsuccessful?
Yes. The intent is the crucial element of the crime and not the act itself. So it doesn’t matter if the results are successful or not. The moment a person decides to commit such an act, he or she is an offender under this section.
What are the penalties for mischief targeting transportation?
Any person found guilty under this section shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. However, if the incident involves any kind of fire or explosives, the offender 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.
How can victims report such cases under Section 327?
Any person aware of such actions must report the same to the nearest police station.
Does this section apply to private and public transportation?
Yes. It applies to all large transportation irrespective of ownership.
Are there enhanced penalties for endangering passenger safety?
No. This section only covers damage caused to the vehicle or vessel. Any injury or hurt caused to the passengers shall be covered by other sections of the BNS, possibly enhancing the penalty under it.
