Introduction of 326 BNS
BNS Section 326 addresses serious offenses of mischief involving damage to critical resources, infrastructure, and properties through deliberate or negligent actions. It is designed to safeguard public resources, water supplies, navigational aids, landmarks, and dwellings from harm caused by individuals. This section is comprehensive, covering a wide range of mischief acts, each with distinct penalties reflecting the severity of the offense. It emphasizes protecting public safety and infrastructure integrity.
- Introduction of 326 BNS
- What is BNS Section 326 ?
- 326 BNS act in Simple Points
- Section 326 BNS Overview
- 326 BNS Punishment
- 326 BNS bailable or not ?
- Bharatiya Nyaya Sanhita Section 326
- BNS Section 326 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 326 ?
BNS Section 326 defines and penalizes acts of mischief that result in injury, inundation, fire, explosive damages, or harm to essential public infrastructure or landmarks. The section categorizes various forms of mischief, including disrupting water supplies, obstructing drainage, damaging navigational aids, or using fire and explosives to harm property or structures. Depending on the nature of the mischief, the punishment ranges from one year to life imprisonment, with fines applicable in most cases.

326 BNS act in Simple Points
- Mischief Affecting Water Supply (Clause a)
BNS Section 326(a) deals with acts that diminish water supplies for agriculture, drinking, or sanitation purposes. Such acts directly impact human, animal, and crop welfare. Offenders face up to five years of imprisonment, a fine, or both. This provision protects vital resources for public and agricultural use. The clause ensures water sources are not disrupted by deliberate actions or negligence. Cognizable and bailable, these cases are triable by a Magistrate of the first class. - Mischief to Public Roads and Channels (Clause b)
Clause 326(b) pertains to damaging roads, bridges, rivers, or channels, making them unsafe for travel or transportation. The penalty for this mischief includes imprisonment for up to five years, a fine, or both. Public mobility and commerce depend on safe infrastructure, and this clause safeguards it from reckless or malicious actions. Cognizable and bailable, cases under this clause emphasize maintaining public infrastructure for economic and social stability. - Mischief by Fire or Explosives (Clause f)
Clause 326(f) criminalizes using fire or explosives to harm any property, including crops. Such actions are punishable by up to seven years of rigorous imprisonment and fines. This clause is crucial to preventing arson or similar destructive acts. Cognizable and bailable, it ensures offenders are held accountable for endangering property or agricultural livelihoods. It emphasizes preventing large-scale losses due to deliberate or negligent acts of destruction. - Mischief to Navigational Aids (Clause d)
BNS 326(d) addresses mischief involving lighthouses, signals, or other navigational guides for ships, aircraft, or railways. Offenders who damage, destroy, or render these aids less useful face imprisonment of up to seven years, a fine, or both. This provision ensures the safety of transportation and navigation. It is cognizable and bailable, emphasizing the importance of uninterrupted guidance for navigators in preventing accidents. - Destruction of Religious or Residential Structures (Clause g)
Clause 326(g) penalizes using fire or explosives to destroy buildings used as places of worship, residences, or storage for property. Offenders face imprisonment for life or a term of up to ten years, along with fines. This clause highlights the seriousness of damaging sacred or critical spaces. Non-bailable and cognizable, such cases are tried by a Court of Session due to their severity and societal impact.
Section 326 BNS Overview
BNS Section 326 defines acts of mischief involving damage to public resources, infrastructure, or private property through actions such as injury, inundation, fire, or explosives. It aims to penalize any deliberate or negligent act causing harm to water supplies, roads, landmarks, or buildings. Depending on the type and extent of the mischief, offenders face varying levels of punishment, including imprisonment and fines.
Ten Key Points of BNS Section 326
- Mischief to Water Supplies (Clause a)
This clause addresses acts that reduce water availability for agriculture, drinking, or other essential uses. Any such act, whether intentional or negligent, is considered a punishable offense. It ensures the protection of water sources critical for human, animal, and agricultural needs. Offenders may face up to five years of imprisonment, fines, or both. Cognizable and bailable, these offenses are tried by a Magistrate of the first class. This clause safeguards the community’s access to clean and adequate water resources. - Damage to Roads and Public Channels (Clause b)
Acts that obstruct or damage roads, bridges, or navigable channels, making them unsafe or unusable, fall under this clause. Such disruptions impact transportation and public safety, making this provision vital. The punishment includes imprisonment of up to five years, fines, or both. By holding offenders accountable, this clause ensures that public infrastructure remains functional and safe for use. Cognizable and bailable, such cases are overseen by a Magistrate of the first class. - Causing Inundation or Obstruction (Clause c)
This clause deals with acts causing flooding or blocking public drainage systems, leading to damage or harm. Offenders face up to five years of imprisonment, fines, or both. Such actions can have widespread consequences, including property damage and public health risks. Cognizable and bailable, these offenses highlight the importance of maintaining public drainage systems. The law aims to prevent intentional or reckless interference with essential services. - Destruction of Navigational Aids (Clause d)
Destroying or tampering with lighthouses, signals, or other navigational tools is a serious offense under this clause. Such acts endanger transportation safety and may result in accidents. Offenders may receive up to seven years of imprisonment, fines, or both. This provision is cognizable and bailable, emphasizing the critical role of navigational aids in ensuring safe transportation. By penalizing such actions, it protects maritime, air, and land navigation systems. - Tampering with Landmarks (Clause e)
This clause penalizes destroying or altering public landmarks, such as boundary markers. Such acts can disrupt property boundaries and legal land claims. Offenders face up to one year of imprisonment, fines, or both. Non-cognizable but bailable, these cases are triable by any Magistrate. This provision underscores the importance of preserving official landmarks for societal order and land management. - Mischief by Fire or Explosives to Property (Clause f)
Using fire or explosives to damage property, including crops, is addressed here. Such actions are punishable by up to seven years of imprisonment and fines. This provision is critical for deterring acts of arson or deliberate property destruction. Cognizable and bailable, cases are handled by a Magistrate of the first class. The clause protects individuals and communities from significant financial and resource losses. - Destruction of Worship or Residential Buildings (Clause g)
This clause deals with using fire or explosives to destroy buildings, particularly places of worship, homes, or storage facilities. Offenders may face life imprisonment, up to ten years of imprisonment, and fines. Non-bailable and cognizable, these cases are tried by a Court of Session due to their severity. The law aims to protect sacred spaces and human dwellings from harm or desecration. - Classification of Offenses
The section classifies offenses based on their impact, such as cognizable or non-cognizable, bailable or non-bailable, and compoundable or non-compoundable. For instance, damaging water supplies or roads is cognizable and bailable, while destroying places of worship is non-bailable and more severe. This structured classification ensures appropriate legal handling of each offense. - Protection of Public Resources
BNS 326 primarily aims to protect public resources like water, roads, and drainage systems from intentional or reckless damage. It emphasizes accountability for actions that disrupt societal resources essential for daily life. By imposing significant penalties, it discourages acts of mischief that threaten public safety and infrastructure. - Severity of Punishment Based on Harm
The severity of punishment varies depending on the nature and extent of the harm caused. For example, tampering with landmarks may lead to one year of imprisonment, while destroying places of worship can result in life imprisonment. This variation ensures that the punishment fits the offense, deterring individuals from committing more severe acts.
Examples of BNS Section 326
- Disrupting Water for Agriculture
A person diverts a water channel meant for irrigation to flood an unrelated area, knowingly causing harm to farmers dependent on that water source. This act falls under Clause (a) and is punishable by imprisonment or fines. - Damaging Navigational Signals
An individual deliberately breaks a railway signal used to guide trains, causing confusion and potential accidents. This act under Clause (d) is punishable by up to seven years of imprisonment or fines.
326 BNS Punishment
The punishments under BNS Section 326 vary based on the type of mischief committed:
- Clause (a): Imprisonment for up to 5 years, or a fine, or both.
- Clause (b): Imprisonment for up to 5 years, or a fine, or both.
- Clause (c): Imprisonment for up to 5 years, or a fine, or both.
- Clause (d): Imprisonment for up to 7 years, or a fine, or both.
- Clause (e): Imprisonment for up to 1 year, or a fine, or both.
- Clause (f): Imprisonment for up to 7 years, and a fine.
- Clause (g): Life imprisonment or up to 10 years, and a fine.

326 BNS bailable or not ?
- Clauses (a–f): Bailable.
- Clause (g): Non-bailable due to the severity of the crime, especially involving destruction of worship or residential buildings.
Bharatiya Nyaya Sanhita Section 326
BNS Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
---|---|---|---|---|---|
326(a) | Mischief by causing diminution of water supply for essential purposes. | Up to 5 years, fine, or both. | Bailable | Cognizable | Magistrate of the first class |
326(b) | Mischief by rendering public roads or channels impassable or unsafe. | Up to 5 years, fine, or both. | Bailable | Cognizable | Magistrate of the first class |
326(c) | Mischief causing inundation or obstruction to public drainage with damage. | Up to 5 years, fine, or both. | Bailable | Cognizable | Magistrate of the first class |
326(d) | Destroying or tampering with navigational aids like lighthouses. | Up to 7 years, fine, or both. | Bailable | Cognizable | Magistrate of the first class |
326(e) | Destroying or tampering with public landmarks. | Up to 1 year, fine, or both. | Bailable | Non-cognizable | Any Magistrate |
326(f) | Mischief using fire or explosives to damage property. | Up to 7 years, and fine. | Bailable | Cognizable | Magistrate of the first class |
326(g) | Mischief by using fire or explosives to destroy worship buildings or residential properties. | Life imprisonment or up to 10 years, and fine. | Non-bailable | Cognizable | Court of Session |
BNS Section 326 FAQs
What is BNS Section 326?
BNS Section 326 penalizes acts of mischief that harm public resources, infrastructure, or private property. It includes offenses involving water supply, roads, fire, and explosives.
What punishment is imposed under BNS 326?
Punishment varies based on the offense: from 1 year for tampering with landmarks to life imprisonment for destroying places of worship with fire or explosives.
Are offenses under BNS 326 bailable?
Most offenses under BNS 326 (Clauses a–f) are bailable. However, Clause (g), involving severe acts like destruction of worship places, is non-bailable.
Who conducts trials for BNS 326 cases?
Clauses (a–f) are tried by Magistrates, while Clause (g) is handled by the Court of Session due to its severity.
What is the role of fire or explosives in BNS 326 offenses?
Clauses (f) and (g) address the use of fire or explosives to damage property, with stricter punishments for causing destruction to worship buildings or residential properties.
What types of mischief fall under BNS 326?
Mischief includes harm to water supplies, road safety, public drainage, navigational aids, landmarks, and destruction of buildings with fire or explosives.
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