BNS Section 324 — Mischief
CHAPTER XVII OF OFFENCES AGAINST PROPERTY — Of mischief
Criminal
Summary
Sub-section (1) defines the offence of mischief. A person commits mischief when they destroy any property, or change any property or its position in a way that destroys or reduces its value or usefulness, or harms it, and they do this with the intent to cause, or knowing they are likely to cause, wrongful loss or damage to the public or to any person.
Explanation 1 clarifies that the offender does not need to intend loss or damage to the actual owner of the property. It is enough that they intend to cause, or know they are likely to cause, wrongful loss or damage to any person by injuring any property, whether that property belongs to that person or not.
Explanation 2 clarifies that mischief can be committed by an act affecting property that belongs to the person committing the act, or to that person and others jointly.
The illustrations give examples of mischief: (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z; (b) A introduces water into an ice-house belonging to Z and causes the ice to melt, intending wrongful loss to Z; (c) A voluntarily throws a ring belonging to Z into a river, intending to cause wrongful loss to Z; (d) A, knowing his effects are about to be taken in execution to satisfy a debt to Z, destroys those effects to prevent Z from getting satisfaction and to cause damage to Z; (e) A, having insured a ship, voluntarily causes it to be cast away, intending to cause damage to the underwriters; (f) A causes a ship to be cast away, intending to cause damage to Z who lent money on bottomry on the ship; (g) A, having joint property with Z in a horse, shoots the horse, intending to cause wrongful loss to Z; (h) A causes cattle to enter a field belonging to Z, intending to cause and knowing he is likely to cause damage to Z's crop.
Sub-section (2) states the punishment for committing mischief: imprisonment of either description for a term up to six months, or a fine, or both.
Sub-section (3) states that whoever commits mischief and thereby causes loss or damage to any property, including property of the Government or a Local Authority, shall be punished with imprisonment of either description for a term up to one year, or a fine, or both.
Sub-section (4) states that whoever commits mischief and thereby causes loss or damage of twenty thousand rupees or more but less than one lakh rupees shall be punished with imprisonment of either description for a term up to two years, or a fine, or both.
Sub-section (5) states that whoever commits mischief and thereby causes loss or damage of one lakh rupees or upwards shall be punished with imprisonment of either description for a term up to five years, or a fine, or both.
Sub-section (6) states that whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term up to five years, and shall also be liable to fine.
Official Text
(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.
(2) Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or Local Authority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
(6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)