Bharatiya Nyaya Sanhita: Section 327 – Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden

(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.

Simplified Explanation

Section 327 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) specifically addresses mischief committed with the intent to destroy or make unsafe certain types of transport infrastructure, such as rails, aircraft, decked vessels, or large vessels of significant burden (20 tons or more). This section prescribes severe punishments for acts of mischief that endanger the safety of these forms of transportation.

Key Provisions of Section 327:

1. Mischief Involving Rail, Aircraft, or Vessels (20 tons or more):
   • If a person commits mischief to any rail, aircraft, or decked vessel, or any vessel of a burden of 20 tons or upwards, with the intention to destroy or render unsafe, or knowing it is likely that the act will destroy or make unsafe that rail, aircraft, or vessel, the punishment is:
     • Imprisonment of either description for a term that may extend to ten years, and
     • The person shall also be liable to a fine.
2. Mischief by Fire or Explosive Substance:
   • If a person commits or attempts to commit the mischief described in subsection (1) by using fire or any explosive substance, the punishment is more severe:
     • Imprisonment for life, or
     • Imprisonment of either description for a term which may extend to ten years, and
     • The person shall also be liable to a fine.

Summary:

Section 327 addresses mischief that targets critical infrastructure, such as railways, aircraft, and large vessels, with the intent to destroy or make them unsafe. The section prescribes severe penalties for such offenses, with imprisonment of up to ten years or life imprisonment in cases involving fire or explosives. In addition, individuals convicted under this section are also subject to fines. The provisions emphasize the seriousness of endangering transportation systems that are vital for public safety and commerce.