What Is BNS Section 324?

Bharatiya Nyaya Sanhita, 2023 - Section 324: Mischief

(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, intending thereby to prevent Z from obtaining satisfaction of the debt. A has committed mischief.
• (e) A having insured a ship, voluntarily causes the same to be cast away, intending to cause 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.

Penalties

(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 Local Authority, 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.

Brief Detail

BNS Section 324 addresses acts of mischief that cause wrongful loss or damage to individuals or the public. The law defines various forms of mischief, stipulating penalties that escalate based on the severity of the damage caused.

Question & Answers

Q1: What constitutes the offence of mischief under Section 324?

A1: Mischief involves causing destruction or damage to property, whether owned by the perpetrator or another person, with the intent to cause wrongful loss or damage.

Q2: What are the penalties for committing mischief?

A2: The penalties range from imprisonment of up to six months for minor mischief to five years for more serious cases involving significant damage or preparation for further harm.

Q3: How is the severity of the penalty determined?

A3: The severity of the penalty depends on the extent of the damage caused, with higher penalties for damages exceeding one lakh rupees or for acts prepared to inflict harm.

Example

Example Scenario:

If an individual deliberately damages a public property, such as a bus stop, knowing it will incur costs for the local authority, this action would constitute mischief under Section 324.

Summary

BNS Section 324 aims to deter individuals from committing acts of mischief that can cause significant damage or wrongful loss, ensuring accountability through structured penalties based on the severity of the act.