Section 324 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive overview of Section 324 of the Bharatiya Nyaya Sanhita (BNS), 2023—which defines and penalizes Mischief under Chapter XVII: Offences Against Property:
📜 Section 324 – Mischief
Definition:
A person commits mischief if they, with intent to cause—or knowing it is likely to cause—wrongful loss or damage to property (belonging to any person or the public), and as a result:
Destroy the property,
Or alter it so that its value, utility, or situation is affected negatively—committing mischief(lawrato.com).
The definition clarifies that one need not intend loss to the property's owner; causing wrongful harm to anyone is sufficient(lawrato.com).
💰 Punishment – Gradation Based on Damage Severity
Condition
Imprisonment
Fine
Any mischief (general)
Up to 6 months
Or both
Damage includes government or local property
Up to 1 year
Or both
Loss between ₹20,000–<₹1,00,000
Up to 2 years
Or both
Loss ₹1,00,000 or more
Up to 5 years
Or both
Mischief + preparation to cause death, hurt, restraint, or fear thereof
Up to 5 years
Plus fine
(sudhirrao.com, lawrato.com, testbook.com)
✅ Legal Elements to Establish
Act/Change to property—destruction or substantial alteration.
Mental State—intentional or aware that damage is likely.
Wrongful Loss—financial or practical harm to another.
Damage Quantum—affects sentencing range.
Enhanced Scenarios—if public/government property or violent intent.
🛡️ Legal Procedure
Cognizable: No warrant needed for arrest.
Bailable: Yes.
Triable By: Any Magistrate (general cases); First-Class Magistrate may handle more serious ones(lawrato.com).
🎥 Video Explanation
Watch this helpful breakdown of Section 324 BNS:
Section 324 BNS: Mischief under Bharatiya Nyaya Sanhita explained
🧭 Key Comparisons & Significance
IPC Parallel: Evolved from IPC Section 425 (Mischief), with clearer tiers and wider coverage.
Expanded Scope: Incorporates personal, joint, and public property, including government-owned assets.
Tiered Deterrence: Allows proportionate sentencing—penalties escalate with damage and threat level.
Violence-Linked Preparedness: Addresses cases where mischief is prelude to personal harm.
🔍 Example Scenarios
Minor: Breaking a neighbor's window → up to 6 months’ jail/fine.
Serious: Vandalizing municipal property worth ₹30,000 → up to 2 years.
Grave: Poisoning communal water supply (₹1 lakh+) → up to 5 years.
Violent prep: Preparing to burn someone’s property while planning assault → up to 5 years + fine.
📝 Summary at a Glance
Offence: Intentional or knowing property damage (to any)
Max Punishment: 5 years and/or fine
Cognizable & Bailable: ✅ Yes
Court: Any Magistrate
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