IPC Section 436 — Mischief by fire or explosive substance with intent destroy house, etc.

mischief

Criminal

Punishment

Life imprisonment or imprisonment up to 10 years and fine

As the section puts it: “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”

Summary

If a person causes damage by using fire or an explosive substance, and intends or knows that this will likely destroy a building that is normally used as a place of worship, a home, or a place where property is stored, that person can be punished with life imprisonment or up to ten years in jail, and also has to pay a fine.

Official Text

Whoever commits mischief by 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.

Referred to by

Related Judgments

  • ABU SALEM ABDUL QAYOOM ANSARI vs STATE OF MAHARASHTRA & ANR — Supreme Court of India (2010)
  • DANI SINGH AND ORS. vs STATE OF BIHAR — Supreme Court of India (2004)
  • V. RAJARAM vs STATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB — Supreme Court of India (2019)
  • CHANDUBHAI MALUBHAI PARMAR AND ORS. vs STATE OF GUJARAT — Supreme Court of India (1997)

Old <-> New Code Mapping

  • BNS §326 — Mischief by injury, inundation, fire or explosive substance, etc