324 BNS

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Introduction of 324 BNS

324 BNS defines the offense of Mischief, which involves intentionally or knowingly causing wrongful loss or damage to another person’s property, public property, or even one’s own property if it affects others. The act includes destruction, alteration, or reduction in the value or utility of property. This section ensures accountability for actions that harm individuals, the public, or the government, emphasizing intent and knowledge as critical elements.

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The Bharatiya Nyaya Sanhita (BNS) Section 324 replaces the old Indian Penal Code (IPC) Section 425 .

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What is BNS Section 324 ?

BNS Section 324 defines the offense of Mischief, where a person intentionally or knowingly causes wrongful loss or damage to another person’s property or public property. This includes acts such as destruction, alteration, or diminishing the value or utility of the property. The offense does not require that the harm be intended specifically for the property owner—it is sufficient if any person suffers wrongful loss due to the act.

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324 BNS act in Simple Points

1. Definition of Mischief
   Mischief occurs when a person deliberately causes damage, destruction, or changes in the property of others or their own property in a way that harms others. The intention or knowledge of causing wrongful loss or damage is critical. For example, if someone vandalizes a vehicle to harm its owner, it qualifies as mischief.
2. Scope of Mischief
   The scope of mischief is broad and covers acts against personal, public, or government property. It includes not just physical destruction but also altering a property’s condition to diminish its value or utility. For instance, contaminating a water source or defacing a public monument comes under this offense.
3. Non-Ownership Requirement
   Mischief does not require the offender to have any ownership of the property they damage. The property could belong to someone else or even be jointly owned. If a person damages jointly owned property to harm their co-owner, it is classified as mischief under this section.
4. Intent to Harm Not Limited to Property Owners
   The offender’s intention doesn’t have to target the property’s owner specifically. It is enough if any person suffers wrongful loss or damage due to the act. For example, throwing debris into a public road to inconvenience commuters is considered mischief, even if no single owner is affected.
5. Graded Punishments Based on Damage
   Punishment under BNS Section 324 varies depending on the extent of the damage:
   • Minimal loss: Up to 6 months imprisonment, fine, or both.
   • Damage above ₹20,000: Up to 2 years imprisonment, fine, or both.
   • Loss over ₹1,00,000 or harm preparation: Up to 5 years imprisonment and fine.
     This ensures proportionality in penalties for minor and severe offenses.

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Section 324 BNS Overview

BNS Section 324 defines Mischief as an intentional or knowing act that causes wrongful loss or damage to any person or the public by injuring or altering property in a way that diminishes its value or utility. It does not require that the offender intends to harm the property owner specifically. The act may also involve the offender’s own property if the intent is to harm others.

Key Points of BNS Section 324

1. Core Concept of Mischief
   Mischief refers to intentional acts that cause damage or wrongful loss to property. It is enough for the offender to know that their actions are likely to result in harm. This harm can occur even without targeting the property owner directly.
2. Broad Application
   Mischief applies to property of any kind, including personal, public, or government property. Damage can result from destruction, alteration, or any act diminishing the property’s value or utility.
3. Offense without Ownership
   The offender does not need to own or directly interact with the property. For example, vandalizing a public monument constitutes mischief even though it does not target any specific owner.
4. Self-Owned Property Involvement
   Mischief can also involve self-owned property if the intent is to harm others. For instance, destroying your insured property to claim compensation or prevent a creditor from accessing it qualifies as mischief.
5. Explanation 1: Intent Not Specific to Owner
   The offender’s intent to cause harm to anyone’s property suffices. Whether the harmed individual owns the property or not, the act falls under this offense.
6. Explanation 2: Joint Property Damage
   If an offender damages jointly owned property with an intent to harm the co-owner, it is also classified as mischief. For example, harming a jointly owned vehicle to inconvenience a partner constitutes mischief.
7. Punishment Provisions
   Punishment ranges from fines to imprisonment based on the extent of damage:
   • Minimal loss: Up to 6 months imprisonment or fine.
   • Loss above ₹20,000: Up to 2 years imprisonment or fine.
   • Loss over ₹1,00,000: Up to 5 years imprisonment or fine.
8. Damage to Public or Government Property
   Mischief involving public property, such as damaging streetlights or defacing government buildings, carries heavier penalties due to its impact on the community.
9. Aggravated Mischief
   Preparation to cause harm, fear, or wrongful restraint elevates the offense. For example, setting traps intended to injure others can result in imprisonment of up to 5 years.
10. Role of Magistrates
    Trials depend on the severity of the offense:
    • Minor cases: Non-cognizable, bailable, and tried by any magistrate.
    • Serious cases (damage exceeding ₹1,00,000 or preparation to harm): Cognizable, bailable, and tried by a Magistrate of the First Class.

Examples of BNS Section 324

1. Example 1: A intentionally burns legal documents belonging to Z, knowing this will cause financial loss to Z. A has committed mischief by destroying the documents with wrongful intent.
2. Example 2: A introduces chemicals into Z’s water tank, contaminating the water and reducing its usability. This act, done with the intention of causing inconvenience to Z, is a clear instance of mischief.

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324 BNS Punishment

The punishments vary based on the severity of the damage caused:

1. General Mischief: Up to 6 months imprisonment, fine, or both.
2. Damage to public or private property: Up to 1 year imprisonment, fine, or both.
3. Loss above ₹20,000 but below ₹1,00,000: Up to 2 years imprisonment, fine, or both.
4. Loss of ₹1,00,000 or more: Up to 5 years imprisonment, fine, or both.
5. With intent to cause death, harm, or wrongful restraint: Up to 5 years imprisonment and fine.

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324 BNS bailable or non bailable ?

• For damages below ₹1,00,000: Bailable and Non-Cognizable.
• For damages of ₹1,00,000 or more or harm preparation: Bailable but Cognizable.

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Bharatiya Nyaya Sanhita Section 324

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
324(2)	Mischief without significant damage.	Imprisonment up to 6 months, fine, or both.	Bailable	Non-Cognizable	Any Magistrate
324(3)	Mischief causing loss or damage to any property, including government or local authority property.	Imprisonment up to 1 year, fine, or both.	Bailable	Non-Cognizable	Any Magistrate
324(4)	Mischief causing damage of ₹20,000 to less than ₹1,00,000.	Imprisonment up to 2 years, fine, or both.	Bailable	Non-Cognizable	Any Magistrate
324(5)	Mischief causing damage of ₹1,00,000 or more.	Imprisonment up to 5 years, fine, or both.	Bailable	Cognizable	Magistrate of the first class.
324(6)	Mischief with preparation to cause death, hurt, or wrongful restraint, or fear of such outcomes.	Imprisonment up to 5 years and fine.	Bailable	Cognizable	Magistrate of the first class.

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BNS Section 324 FAQs

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