What Is BNS Section 326?

Bharatiya Nyaya Sanhita, 2023 - Section 326: Mischief by Injury, Inundation, Fire or Explosive Substance, etc.

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.

Brief Detail

BNS Section 326 outlines various acts of mischief that can lead to severe consequences, particularly concerning public safety, property damage, and animal welfare. It reflects the legal framework aimed at protecting community resources and public welfare.

Question & Answers

Q1: What constitutes mischief under Section 326?

A1: Mischief under Section 326 includes actions that diminish water supply, render public infrastructure unsafe, cause inundation, damage navigation aids, or use fire or explosives to harm property.

Q2: What are the penalties for causing a flood or obstructing public drainage?

A2: The penalty for causing an inundation or obstruction to public drainage can extend to five years of imprisonment or fines.

Q3: Are there different punishments for harming buildings used for worship?

A3: Yes, causing destruction to buildings used for worship can result in life imprisonment or imprisonment of up to ten years, along with fines.

Example

Example Scenario:

If A intentionally sets fire to a building that is used for public worship, A can be charged with mischief under Section 326, facing severe penalties including life imprisonment.

Summary

BNS Section 326 addresses multiple forms of mischief involving harm to public resources and safety, establishing strict penalties for various offenses that can cause significant societal impact.