Bharatiya Nyaya Sanhita: Section 324 – Mischief

(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, intending thereby to prevent 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.

Simplified Explanation

Section 324 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) deals with the offense of mischief and the legal consequences of causing damage or destruction to property with the intent to cause wrongful loss or harm.

Key Provisions of Section 324:

1. Definition of Mischief:
   • Mischief is committed when someone, with the intent to cause or knowing that they are likely to cause, wrongful loss or damage to the public or any individual, causes:
     • Destruction of property, or
     • Any change in property or its situation that destroys or diminishes its value or utility or affects it injuriously.
2. Explanation:
   • It is not necessary for the offender to intend to cause harm to the property owner. If the act is likely to cause harm to anyone, whether or not they own the property, the act still qualifies as mischief.
   • Mischief can involve property that belongs to the person committing the act or to others jointly.
3. Punishments:
   • General Punishment (Section 324(2)):
     • Imprisonment for up to six months, or
     • Fine, or
     • Both imprisonment and fine.
   • Damage to Property (Section 324(3)):
     • If the mischief causes loss or damage to any property (including Government or Local Authority property), the punishment may extend to one year imprisonment or a fine, or both.
   • Damage Between ₹20,000 to ₹1 Lakh (Section 324(4)):
     • If the mischief causes damage worth ₹20,000 to ₹1 lakh, the punishment may extend to two years imprisonment or a fine, or both.
   • Damage of ₹1 Lakh or More (Section 324(5)):
     • If the mischief results in damage of ₹1 lakh or more, the punishment may extend to five years imprisonment or a fine, or both.
   • Mischief with Intent to Cause Harm (Section 324(6)):
     • If mischief is committed with preparation to cause death, hurt, wrongful restraint, or fear of death, hurt, or wrongful restraint, the punishment can extend to five years imprisonment, with or without a fine.

Summary:

Section 324 covers mischief involving the destruction or damage of property with the intent to cause wrongful loss or harm. The severity of the punishment depends on the extent of damage caused, ranging from imprisonment of up to six months to five years, and/or fines. Higher penalties apply if the damage exceeds a certain value, or if the mischief is associated with preparing for further harm.