Mischief under the Bharatiya Nyaya Sanhita, 2023: Concept, Essentials, and Legal Framework

The concept of mischief occupies a crucial space in criminal law as a property-related offence. Traditionally governed by Section 425 of the Indian Penal Code, 1860, it has now been restructured under Section 324 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The offence of mischief not only protects property but also ensures that malicious actions intended to harm others do not go unpunished.

Statutory Definition under BNS, 2023

Section 324: Mischief

Section 324(1) defines mischief as follows:

“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.

Key Terminologies:

Wrongful loss or damage: Refers to loss unlawfully caused to any person by the act of another.

Destruction or alteration of property: Includes any physical act that changes the value, form, function, or utility of the property.

The section further expands to include aggravated forms of mischief, depending on the nature of property, public utility, and damage caused.

Essentials of Mischief

To constitute an offence under Section 324 of BNS, the following elements must be established:

1. Intention or Knowledge

There must be a deliberate intention or knowledge on the part of the offender to cause:

• Wrongful loss to any person, or
• Damage to property.
• Mere negligence or accident does not amount to mischief.

2. Causing Damage or Change

• Destruction or any injurious alteration to property is essential.
• This could include tangible or intangible changes that impact value or usability.

3. Property Involved

The property need not belong to someone else. Mischief can be committed against one’s own property if the intent is to cause wrongful loss to another (e.g., damaging one’s insured property for claim purposes).

4. Effect on Property

The act must result in the destruction, reduction of utility, or an injurious effect on the property.

Illustrations of Mischief

(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.

Mischief by Killing or Maiming Animal (Section 325)

Section 325 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever commits mischief by intentionally killing, poisoning, maiming, or rendering any animal useless shall be liable to punishment with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

This provision safeguards animals as property and ensures accountability for acts that cause deliberate harm to them, whether physical or economic. The section aims to deter cruelty against animals and protect the livelihood interests of owners who depend on them.

Mischief by Injury, Inundation, Fire or Explosive Substance, etc. (Section 326)

Section 326 of the Bharatiya Nyaya Sanhita, 2023 deals with aggravated forms of mischief that cause or are likely to cause serious harm to essential resources, infrastructure, and public or private property. It encompasses a range of harmful acts and prescribes punishments that vary based on the nature and consequence of the conduct.

The section covers acts that result in the reduction of water supply used for agricultural activities, drinking (for humans or animals), sanitation, or industrial use. Any such act is punishable with imprisonment for a term extending up to five years, or with fine, or with both.

It also addresses situations where public roads, bridges, or navigable rivers and channels—whether natural or artificial—are made impassable or less safe for travel or the transport of goods. Such acts attract the same punishment of imprisonment up to five years, or fine, or both.

Further, the section includes acts that cause or are likely to cause flooding or obstruction of public drainage systems, particularly when such actions result in injury or damage. The prescribed penalty in such cases is also imprisonment up to five years, or fine, or both.

Destruction or removal of navigation aids such as signs or signals used for railways, airways, or waterways, or any action that reduces their effectiveness as navigational guides, is also covered. For such acts, the punishment can extend up to seven years of imprisonment, or fine, or both.

The section makes it an offence to destroy or tamper with landmarks fixed by lawful authority. Doing so, or reducing their usefulness, is punishable with imprisonment for up to one year, or with fine, or both.

Moreover, it criminalises the use of fire or explosive substances with the intent, or knowledge of the likelihood, to cause damage to property, including crops. This offence can lead to imprisonment for a term up to seven years and also attracts a fine.

The most serious provision within this section concerns the use of fire or explosives to destroy or damage buildings that are used as places of worship, human residences, or for storing property. Such acts are punishable with life imprisonment or with imprisonment for a term that may extend to ten years, along with fine.

Section 326, therefore, serves as a critical safeguard against deliberate and destructive actions that threaten public safety, essential services, and places of social and spiritual significance, especially when committed using dangerous means like fire or explosives.

Mischief with Intent to Destroy or Make Unsafe a Rail, Aircraft, Decked Vessel or Vessel of Twenty Tons Burden (Section 327)

Section 327 of the Bharatiya Nyaya Sanhita, 2023 addresses serious acts of mischief targeting essential modes of transportation, specifically railways, aircraft, and sizable water vessels. These provisions aim to safeguard public safety by criminalizing acts that intentionally or recklessly endanger such transport systems.

Under the first part of this section, any person who commits mischief with the intent to destroy or make unsafe a railway track, aircraft, a decked vessel, or any vessel with a burden of twenty tons or more, or who knows that such an act is likely to render them unsafe or cause destruction, shall face punishment with imprisonment of either description for a term that may extend to ten years, along with fine.

The second part of the section enhances the penalty where the act of mischief described above is committed—or even attempted—using fire or an explosive substance. In such cases, the offender shall be punishable with imprisonment for life, or with imprisonment of either description for a term extending up to ten years, in addition to being liable to fine.

This provision reflects the legislature’s strong stance against acts that jeopardize public transport and critical infrastructure, particularly where such acts involve the use of hazardous methods like fire or explosives.

Punishment for Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft, etc. (Section 328)

Section 328 of the Bharatiya Nyaya Sanhita, 2023 provides that anyone who deliberately runs a vessel aground or ashore with the intent to commit theft or dishonestly misappropriate property contained in it, or with the intention to facilitate such offences, shall be punished with imprisonment of up to ten years and shall also be liable to fine.

Judicial Interpretations

1) Ram Birich Mahato v. Bishwanath Misser (1961) 2 Cr LJ 265 (Pat)

The petitioner was convicted under Section 426 IPC (currently Section 324 of BNS) for mischief after harvesting paddy crops from land found to be in possession of another person, Badri Narain Jha. The Court held that even if the crops were ripe, the act of cutting and removing them with the intent to cause loss amounted to mischief, as it involved a change in immovable property that diminished its value.

The argument that the offence constituted theft but not mischief was rejected. However, considering the circumstances, the Court reduced the sentence to a fine of ₹100, or one month’s rigorous imprisonment in default.

2) Nagendranath Roy v. Dr. Bijoy Kumar Dasburma & Anr. (1992 Cri LJ 1871)

Orissa High Court upheld the dismissal of a complaint alleging mischief under Section 429 IPC (currently Section 325 BNS) for the death of a calf following veterinary treatment. The petitioner claimed the accused—a veterinary doctor and a stockman—were negligent in administering injections that led to the calf’s death.

The Court held that negligence alone, without intention or knowledge of causing wrongful loss, does not constitute “mischief” under Section 425 IPC (currently Section 324 of BNS), a prerequisite for invoking Section 429 (currently Section 325 BNS). Finding no prima facie case, the Court affirmed the Magistrate’s order dismissing the complaint under Section 203 CrPC (Section 226 BNSS).

Mischief vs. Similar Offences

Conclusion

Mischief, as codified under the Bharatiya Nyaya Sanhita, 2023, continues to serve as a significant provision for safeguarding property against intentional or knowing acts of damage. With special emphasis on public property, transport infrastructure, and fire-related mischiefs, the BNS reflects a modernised approach towards economic and social security. The law balances between minor mischiefs and those threatening public safety, ensuring proportionate punishments in a streamlined framework.