Code: Section 324 BNS
(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 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.
Explanation of Section 324 BNS
Section 324 of the Bharatiya Nyaya Sanhita (BNS) defines mischief as any act committed with the intent to cause, or with knowledge that it is likely to cause, wrongful loss or damage to the public or any individual. This section covers not only the destruction of property but also any action that diminishes its value or utility.
Key Points:
- Intent or Knowledge: The offender must have the intention to cause damage or must be aware that their actions are likely to cause damage.
- Property: The property can belong to the offender or to others, including government or local authority property.
- Severity of Punishment: The punishment varies based on the extent of damage caused.
Illustrations
Example 1: Damaging Public Property
A vandalizes a public park by destroying benches and flowerbeds with the intention of causing public inconvenience. This act constitutes mischief under Section 324.
Example 2: Causing Damage to Private Property
A throws stones at a neighbor’s car, damaging its windshield, intending to create trouble. This is an example of mischief.
Example 3: Misleading with False Claims
A falsely claims to own land and sells it to multiple buyers, leading to financial loss. This act of deceit can be treated as mischief if it leads to wrongful loss.
Example 4: Environmental Damage
A pours chemicals into a river, causing harm to aquatic life and affecting the livelihoods of fishermen. This act could be prosecuted under Section 324 for causing damage to public property.
Common Questions and Answers on Section 324 BNS
1. What does Section 324 BNS define as mischief?
- Answer: Mischief includes causing damage to property, reducing its value or utility, or creating wrongful loss or harm to others.
2. Does mischief require the property to belong to someone else?
- Answer: No, mischief can involve property owned by the offender or joint property.
3. What are the punishments for mischief?
- Answer: Punishment ranges from imprisonment for up to six months (for minor damage) to up to five years for serious offenses, with possible fines.
4. Does Section 324 apply to online activities?
- Answer: Yes, online activities causing harm to digital property or data can also be considered mischief under this section.
5. Is intent necessary for this offense?
- Answer: Yes, the offender must either intend to cause damage or know that their actions are likely to cause damage.
Conclusion
Section 324 BNS plays a vital role in maintaining public order and protecting property rights. By addressing both intentional and negligent acts that result in harm, this section helps ensure accountability and deters individuals from engaging in destructive behavior.
