324 BNS : Mischief

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Introduction of 324 BNS

324 BNS defines the offense of Mischief, which means intentionally or knowingly causing wrongful loss or damage to property. This can include destruction, alteration, or reducing the value or utility of property, whether private, public, or government-owned. Even damage to one’s own property, if done to harm others, is covered under this law. By replacing IPC Section 425, this provision expands accountability for acts of vandalism, fraudulent destruction, and property damage, ensuring stronger protection for individuals, creditors, and society.

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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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Under Section 324 of the bns act 2023

“Whoever, with intent or knowledge, causes wrongful loss or damage to property by destroying, altering, diminishing its value, or affecting its utility, shall be guilty of mischief, and be punished according to the extent of the damage or consequences caused.”

1. Meaning of Mischief

• Mischief means intentionally causing wrongful loss or damage to property.
• The property may belong to another person, the public, the government, or even the offender if the intent is to harm others.
• Acts such as destruction, alteration, or reducing value or utility of property fall under mischief.

2. Who is Covered?

This law applies to:

• Individuals → damaging public or private property (e.g., vandalism, arson).
• Co-owners → damaging jointly owned property to harm the other.
• Public offenders → harming government property, monuments, or public resources.
• Fraudulent actors → damaging one’s own insured or pledged property to cause loss to others.

3. Nature of the Offense

• Bailable → The accused can seek bail.
• Cognizable / Non-Cognizable → Depends on severity:
  • Minor damages (below ₹1,00,000) → Non-cognizable.
  • Serious damages (₹1,00,000+ or harm preparation) → Cognizable.
• Triable by Magistrate → Minor cases by any Magistrate; serious cases by Magistrate of the First Class.

4. Examples of BNS Section 324

• Example 1: Burning another person’s vehicle to cause loss.
• Example 2: Throwing harmful chemicals into a water tank to spoil its use.
• Example 3: Damaging a public statue or monument.
• Example 4: Destroying one’s own house insured with a company to claim money.

5. Punishment under BNS Section 324

• General Mischief: Up to 6 months imprisonment, fine, or both.
• Damage to property (public/private): Up to 1 year imprisonment, fine, or both.
• Loss of ₹20,000 – ₹1,00,000: Up to 2 years imprisonment, fine, or both.
• Loss of ₹1,00,000 or more: Up to 5 years imprisonment, fine, or both.
• Preparation to cause death, hurt, or wrongful restraint through mischief: Up to 5 years imprisonment and fine.

6. Importance of BNS Section 324

• Protects property rights from intentional damage.
• Discourages vandalism and fraudulent practices.
• Safeguards public assets and government property.
• Ensures proportional punishment based on severity of harm.

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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

The main idea of mischief under BNS Section 324 is that it involves an intentional act that causes wrongful loss or damage to property. It is not necessary that the offender directly targets the property owner. What matters is that the offender knows their actions are likely to harm someone. For instance, if a person smashes car windows on a street just to cause chaos, it qualifies as mischief, even if the person does not know the owners of the cars.

2. Broad Application

Mischief is not limited to private property. It applies to any type of property—whether personal belongings, public property, or even government-owned property. The damage can happen through destruction (breaking something), alteration (changing its form), or even by making it less useful. For example, cutting electric wires, breaking CCTV cameras, or painting graffiti on government buildings all fall under this section.

3. Offense without Ownership

One important feature of this law is that the offender does not need to own the property or even directly deal with the owner. The offense is complete as long as property damage occurs with wrongful intent. For example, damaging a statue in a park or slashing tires of a vehicle parked on the street is mischief, even if the person damaging it does not know who owns it.

4. Self-Owned Property Involvement

Interestingly, mischief can also occur with property owned by the offender themselves. This applies when the offender damages their own property but with the intention of harming someone else. For example, if a person deliberately burns their own insured shop to claim compensation or destroys their own assets to prevent creditors from seizing them, it is still mischief under this section.

5. Explanation 1: Intent Not Specific to Owner

The law makes it clear that the intent does not have to be directed at the specific property owner. It is enough if the offender wanted to cause harm to someone, anyone, through the act. For example, destroying a road bridge to inconvenience travelers counts as mischief, even though the offender did not specifically target the government or a particular person.

6. Explanation 2: Joint Property Damage

If a property is jointly owned by two or more people, and one of the owners damages it with the intention of harming the co-owner, the act is also considered mischief. For example, if two business partners jointly own a car and one deliberately damages it to trouble the other partner, it falls under mischief because the act caused wrongful loss.

7. Punishment Provisions

The law sets graded punishments depending on the amount of loss or damage caused:

• Minor Loss (up to ₹20,000): Imprisonment up to 6 months or fine.
• Medium Loss (₹20,000 to ₹1,00,000): Imprisonment up to 2 years or fine.
• Major Loss (over ₹1,00,000): Imprisonment up to 5 years or fine.

This system ensures that the punishment is proportional to the seriousness of the damage.

8. Damage to Public or Government Property

Mischief involving public property or government property is treated more seriously because it affects the whole community. Examples include breaking streetlights, damaging railway lines, or defacing government buildings. Such acts disturb public safety and order, so the punishment is stricter compared to private property damage.

9. Aggravated Mischief

Sometimes mischief goes beyond property damage and involves preparation to cause harm, fear, or restraint. For instance, setting a trap in a public place that could injure someone is considered aggravated mischief. In such cases, the punishment can go up to 5 years imprisonment, because the act endangers not only property but also human life and safety.

10. Role of Magistrates

The trial process depends on how severe the case is:

• Minor cases (loss up to ₹20,000): Non-cognizable, bailable, and can be tried by any magistrate.
• Serious cases (loss above ₹1,00,000 or preparation to harm): Cognizable, bailable, and tried by a Magistrate of the First Class.

This system ensures that smaller cases are handled quickly, while bigger and more dangerous cases are given the attention of higher judicial authority.

Examples of Mischief under BNS Section 324

• Example 1: A deliberately burns legal documents belonging to Z, knowing this will cause financial loss. This is mischief because A intentionally caused wrongful loss.
• Example 2: A pours harmful chemicals into Z’s water tank, making the water unusable. Even though the tank wasn’t destroyed, its utility was reduced. This is also 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

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Comparison: BNS Section 324 vs IPC Section 425

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BNS Section 324 FAQs

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Conclusion

BNS Section 324 provides a comprehensive safeguard against property damage caused with wrongful intent. By covering both private and public property, as well as cases where individuals damage their own assets to harm others, it ensures that no fraudulent or destructive act goes unpunished. With punishments ranging from 6 months to 5 years imprisonment depending on the extent of loss, the law ensures proportional justice for both minor and serious offenses. This section modernizes and replaces IPC Section 425, strengthening the legal framework to deter vandalism, fraudulent destruction, and wrongful loss. For anyone affected by mischief-related acts, timely legal action is crucial to secure justice and prevent further damage.

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