Bharatiya Nyaya Sanhita: 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 landmark fixed by the authority of a public servant, or by any act which renders such landmark 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.

Simplified Explanation

Section 326 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) deals with mischief caused by acts involving injury, inundation, fire, or explosive substances. This section categorizes various acts of mischief that cause damage or pose significant risks to public infrastructure, property, and safety, and prescribes punishments accordingly.

Key Provisions of Section 326:

1. Mischief Involving Water Supply:
   • If a person causes, or knows that their act is likely to cause, a diminution (reduction) of the supply of water for agricultural purposes, human consumption, or for animals, or for cleanliness or manufacturing, they shall be punished with:
     • Imprisonment of either description for up to five years, or
     • Fine, or
     • Both.
2. Mischief Affecting Public Roads and Transport:
   • If a person renders or causes a public road, bridge, river, or navigable channel impassable or less safe for travel or transport, they shall be punished with:
     • Imprisonment of either description for up to five years, or
     • Fine, or
     • Both.
3. Mischief Causing Inundation or Obstruction to Public Drainage:
   • If a person causes or knows that their act will likely cause inundation or obstruction to public drainage, resulting in damage, they shall be punished with:
     • Imprisonment of either description for up to five years, or
     • Fine, or
     • Both.
4. Destruction or Interference with Navigation Signs or Signals:
   • If a person destroys, moves, or renders less useful any navigation sign or signal (used for rail, air, or sea navigation), they shall be punished with:
     • Imprisonment of either description for up to seven years, or
     • Fine, or
     • Both.
5. Destruction or Interference with Landmarks:
   • If a person destroys or moves any landmark fixed by a public servant or renders it less useful, they shall be punished with:
     • Imprisonment of either description for up to one year, or
     • Fine, or
     • Both.
6. Mischief Involving Fire or Explosives:
   • If a person causes fire or uses an explosive substance with the intention of damaging any property (including agricultural produce), they shall be punished with:
     • Imprisonment of either description for up to seven years, and
     • Fine.
7. Mischief Involving Fire or Explosives Leading to Destruction of Key Buildings:
   • If a person causes fire or uses an explosive substance to destroy a building that is ordinarily used as a place of worship, a human dwelling, or a place for the custody of property, they shall be punished with:
     • Imprisonment for life, or
     • Imprisonment of either description for up to ten years, and
     • Fine.

Summary:

Section 326 addresses various types of mischief that can cause significant harm to public infrastructure, human life, and property through destruction, interference, or the use of fire and explosives. The section sets out specific punishments for different types of mischief, with imprisonment terms ranging from one year to life imprisonment, and fines, depending on the nature and impact of the offense.