BNS Section 327: Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden (formerly IPC 437 and IPC 438)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 327: Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
From 1 July 2024
(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), 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.
What it replaced in the IPC
BNS 327(1) ← IPC 437 · Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burdenDrafting change only
BPR&D's comparison records a change of drafting only, so the substance is the same.
What changed, per BPR&D: Formal changes, but essence is same-“rail, a ircraft" are added in the heading.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNS 327(2) ← IPC 438 · Punishment for the mischief described in section 437 committed by fire or explosive substanceChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: IPC section is included as a sub-section sans heading.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, 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.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 437
They remain the law on IPC 437. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 33.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 66.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.