Section 326 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 326 of the Bharatiya Nyaya Sanhita, 2023—found in Chapter XVII (Offences Against Property):
🔥 Section 326 – Mischief by Injury, Inundation, Fire or Explosive Substance, etc.
📜 Offence Overview
A person commits mischief under Section 326 if they intentionally—or with knowledge likely—carry out any of the following acts:
Reduce supply of water for agriculture, drinking, cleaning, or manufacturing;
Obstruct public roads, bridges, or navigable waterways, making them unsafe or impassable;
Block public drainage, causing inundation or damage;
Destroy or move navigational signs or signals (railways, aircraft, ships);
Tamper with public landmarks placed by authority;
Set fire or use explosives intending, or knowing it is likely, to cause damage to property (including agricultural produce);
Destroy structures (places of worship, dwellings, property storages) by fire or explosives. (sudhirrao.com)
⚖️ Punishment
Clauses (a)–(c): Up to 5 years’ imprisonment, or fine, or both;
Clause (d): Up to 7 years’ imprisonment, or fine, or both;
Clause (e): Up to 1 year’s imprisonment, or fine, or both;
Clause (f): Up to 7 years’ imprisonment, plus a fine;
Clause (g): Life imprisonment, or up to 10 years, plus a fine. (sudhirrao.com)
🧩 Key Highlights
Broad scope: Covers utility infrastructure, public spaces, navigation systems, and both agricultural and residential/religious buildings.
Intent or knowledge required: Even without actual damage, knowing an act is likely to cause damage is sufficient.
Serious escalation: Use of fire or explosives, especially against dwellings or sacred places, triggers severe penalties including life imprisonment.
📝 Practical Example
Deliberately burning down a warehouse (clause (f)) risks up to 7 years behind bars. Arson in a place of worship or home (clause (g)) could result in life imprisonment or a term up to 10 years, plus a fine.
📊 Summary Table
| Clause | Act Covered | Max Punishment |
|---|---|---|
| (a) | Reducing water supply | 5 yrs jail/fine/both |
| (b) | Obstructing roads/bridges/waterways | 5 yrs jail/fine/both |
| (c) | Blocking drainage causing inundation | 5 yrs jail/fine/both |
| (d) | Damaging navigational aids (rail/air/ship) | 7 yrs jail/fine/both |
| (e) | Tampering with landmarks | 1 yr jail/fine/both |
| (f) | Using fire/explosives to damage any property | 7 yrs jail + fine |
| (g) | Using fire/explosives to destroy places of dwelling, worship, or storage | Life or up to 10 yrs + fine |
In essence, Section 326 robustly protects public resources and infrastructure, punishable more severely when fire or explosives are used—especially against residential or sacred structures. Let me know if you'd like details on related sections (like 324/325), legal interpretations of “knowledge likely,” or real-world case precedents.
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