Bharatiya Nyaya Sanhita 2023
Section 326 :
Mischief by injury, inundation, fire or explosive substance, etc :
(See section 430, 431, 432, 433, 434, 435, 436 of IPC 1860)
Section : 326(a)
Classification of Offence:
Offence : Mischief by causing diminution of supply of water for agricultural purposes, etc.
Punishment : Imprisonment for five years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person to whom the loss or damage is caused.
By Which Court Triable : Magistrate of the first class.
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Section : 326(b)
Classification of Offence:
Offence : Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property.
Punishment : Imprisonment for five years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Magistrate of the first class.
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Section : 326(c)
Classification of Offence:
Offence : Mischief by causing inundation or obstruction to public drainage attended with damage.
Punishment : Imprisonment for five years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Magistrate of the first class.
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Section : 326(d)
Classification of Offence:
Offence : Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights.
Punishment : Imprisonment for 7 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 326(e)
Classification of Offence:
Offence : Mischief by destroying or moving, etc., a landmark fixed by public authority.
Punishment : Imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate
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Section : 326(f)
Classification of Offence:
Offence : Mischief by fire or explosive substance with intent to cause damage.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 326(g)
Classification of Offence:
Offence : Mischief by fire or explosive substance with intent to destroy a house, etc.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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.
