Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Aggravated Forms of Mischief (Ss. 325 to 328 BNS)
The law relating to mischief has long occupied an important place within criminal jurisprudence, addressing acts that cause wrongful loss or damage to property. The Bharatiya Nyaya Sanhita, 2023 (BNS), places particular emphasis on aggravated forms of mischief, where the nature, scale, or consequences of the act elevate its severity. Aggravated mischief under the BNS encompasses situations where damage is caused to critical infrastructure, public property, or resources essential to community life, or where the act results in significant financial loss, disruption of services, or danger to human life. These enhanced categories recognize that certain acts of destruction go beyond private harm and threaten public order, economic stability, and national security. This article seeks to examine the concept of aggravated forms of mischief under the BNS, analyzing the statutory provisions, key elements of the offence, and the rationale behind stricter punishments.
Aggravated Forms of Mischief:
Section 325 BNS:
Mischief by Killing or Maiming Animal:
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Under Section 325 BNS, any person who intentionally causes harm to an animal in a way that results in loss or damage—such as by killing it, poisoning it, seriously injuring it, or making it unfit for its usual purpose—commits the legal offense of mischief. In this context, harming an animal is treated as damaging property under the law.
Punishment for the Offence under S. 325 BNS:
Imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Nature of the Offence under S. 325 BNS:
The offence is Cognizable, Bailable, triable by Magistrate of the first class.
Section 326 BNS:
Mischief by Injury, Inundation, Fire or Explosive Substance, etc.:
Whoever commits mischief by,—
(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;
(b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;
(c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;
(d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both;
(e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both;
(f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
(g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 326(a) BNS:
Under Section 326(a) BNS, any person who intentionally commits mischief by doing an act that reduces the supply of water, or who knows that their actions are likely to reduce such supply, is committing a criminal offense. The law applies when the water is used for important purposes such as agriculture, drinking or food for humans, drinking water for animals that are considered property, maintaining cleanliness, or carrying out industrial or manufacturing activities. In other words, if someone interferes with water resources in a way that causes harm or shortage for these essential uses, they are held legally responsible.
Punishment for the Offence under S. 326(a) BNS:
Imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Nature of the Offence under S. 326(a) BNS:
The offence is Cognizable, Bailable, triable by Magistrate of the first class.
Section 326(b) BNS:
Under Section 326(b) BNS, any person who commits mischief by doing an act that makes a public road, bridge, navigable river, or any natural or artificial water channel unsafe or difficult to use is committing a criminal offense. It also includes situations where the person knows that their actions are likely to have such an effect, even if it is not their direct intention. The law is meant to protect public pathways and transport routes that people use for travelling or for carrying goods. If someone blocks, damages, or interferes with these routes in a way that makes them impassable or less safe, they can be held legally responsible.
Punishment for the Offence under S. 326(b) BNS:
Imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Nature of the Offence under S. 326(b) BNS:
The offence is Cognizable, Bailable, triable by Magistrate of the first class.
Section 326(c) BNS:
Under Section 326(c) BNS, any person who commits mischief by doing an act that causes flooding, or who knows that their actions are likely to cause flooding, is committing a criminal offense. It also applies to acts that block or interfere with public drainage systems, such as drains or sewers, when such obstruction leads to damage or injury. The law aims to protect public infrastructure and prevent harm that may result from water accumulation or poor drainage, such as property damage, health hazards, or disruption of daily life. If a person intentionally, or knowingly, creates such a situation, they can be held legally responsible.
Punishment for the Offence under S. 326(c) BNS:
Imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Nature of the Offence under S. 326(c) BNS:
The offence is Cognizable, Bailable, triable by Magistrate of the first class.
Section 326(d) BNS:
Under Section 326(d) BNS, any person who commits mischief by interfering with navigation aids used for transportation—such as railways, aircraft, or ships—is committing a serious criminal offense. These navigation aids include signs, signals, or any objects placed to guide operators, such as railway signals, airport lighting systems, or maritime beacons. If a person destroys, removes, or tampers with such signals, or does anything that makes them less effective or unreliable, they are considered to have endangered the safety of transport and navigation. The law also applies if the person knows that their actions are likely to have such consequences, even if harm has not yet occurred. Because such acts can lead to accidents and endanger many lives and property, the offense is treated seriously.
Punishment for the Offence under S. 326(d) BNS:
Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Nature of the Offence under S. 326(d) BNS:
The offence is Cognizable, Bailable, triable by Magistrate of the first class.
Section 326(e) BNS:
Under Section 326(e) BNS, any person who commits mischief by interfering with official land-marks is committing a criminal offense. A land-mark is a boundary mark or indicator—such as a survey stone or boundary pillar—placed by the authority of a public servant to show the limits of land or property. If someone destroys, removes, or shifts such a land-mark, or does anything that makes it less reliable or useful for identifying boundaries, they are considered to have caused wrongful loss or confusion regarding property limits. The law also applies if the person knows that their actions are likely to have this effect. Such acts can lead to disputes over land ownership and boundaries, which is why they are punishable.
Punishment for the Offence under S. 326(e) BNS:
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Nature of the Offence under S. 326(e) BNS:
The offence is Non-Cognizable, Bailable, triable by any Magistrate.
Section 326(f) BNS:
Under Section 326(f) BNS, any person who commits mischief by using fire or any explosive substance to damage property is committing a serious criminal offense. It applies when the person either intends to cause damage or knows that their actions are likely to result in damage. The property mentioned includes all kinds of property, including agricultural produce such as crops. In simple terms, if someone deliberately sets fire to or uses explosives in a way that harms property, they are legally responsible for that damage. Because such acts can cause widespread destruction and danger, the law treats them strictly.
Punishment for the Offence under S. 326(f) BNS:
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Nature of the Offence under S. 326(f) BNS:
The offence is Cognizable, Bailable, triable by Magistrate of the First Class.
Section 326(g) BNS:
Under Section 326(g) BNS, any person who commits mischief by using fire or any explosive substance to destroy or damage certain important types of buildings is committing a very serious criminal offense. It applies when the person either intends to cause such destruction or knows that their actions are likely to lead to it. The buildings protected under this provision include those that are ordinarily used as places of worship (such as temples, mosques, or churches), as human dwellings (places where people live), or as places for storing property. If someone deliberately sets fire to or uses explosives against a house, a place of worship, or a storage building, they are held strictly liable because such acts can endanger lives, property, and public safety. Due to the gravity of the offense, the punishment is severe.
Punishment for the Offence under S. 326(g) BNS:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Nature of the Offence under S. 326(g) BNS:
The offence is Cognizable, Non-Bailable, triable by Court of Session.
Section 327 BNS:
Mischief with Intent to Destroy or Make Unsafe a Rail, Aircraft, Decked Vessel or One of Twenty Tons Burden:
(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Under Section 327(1) BNS, any person who commits mischief against important modes of transport—such as a railway, an aircraft, or a large vessel (a ship with a capacity of twenty tons or more)—with the intention of destroying it or making it unsafe, is committing a serious criminal offense. It also applies if the person knows that their actions are likely to cause such destruction or danger, even if that was not their direct intention. Acts like damaging railway tracks, tampering with an aircraft, or interfering with a ship in a way that risks its safety fall under this provision. The law treats such behaviour very seriously because it can endanger many lives and cause significant loss of property.
Punishment for the Offence under S. 327(1) BNS:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Nature of the Offence under S. 327(1) BNS:
The offence is Cognizable, Non-Bailable, triable by Court of Session.
Under Section 327(2) BNS, any person who either commits or even attempts to commit mischief using fire or any explosive substance, as described in Section 327(1) BNS, is committing a very serious criminal offense. It applies not only when actual damage occurs, but also when there is an attempt to cause such damage with fire or explosives. The law covers situations where a person tries to destroy or harm property in a dangerous manner, even if the attempt is not successful. Because fire and explosives can cause large-scale destruction and endanger life and property, the punishment prescribed is severe.
Punishment for the Offence under S. 327(2) BNS:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Nature of the Offence under S. 327(2) BNS:
The offence is Cognizable, Non-Bailable, triable by Court of Session.
Section 328 BNS:
Punishment for Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft, etc.:
Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Under Section 328 BNS, any person who deliberately causes a vessel (such as a boat or ship) to run aground or be stranded on shore, with the intention of stealing or dishonestly taking property from it, is committing a serious criminal offense. It also applies if the person causes the vessel to run aground with the intention that theft or misappropriation of the property inside it may be carried out. In simple terms, it covers situations where someone purposely damages or stops a vessel’s movement in order to loot or unlawfully take goods from it. Since such acts involve both endangering navigation and facilitating theft, the law treats them as very serious crimes.
Punishment for the Offence under S. 328 BNS:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Nature of the Offence under S. 328 BNS:
The offence is Cognizable, Non-Bailable, triable by Court of Session.
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