SECTION 324 BNS - Bharatiya Nyaya Sanhita 2023

(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 in to 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, with the intention of thereby preventing 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 cause 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) Acausescattle 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.

Example:
In order to take revenge, Vijay, knowing that Rakesh owns a wine manufacturing business, sets his vineyards ablaze. Vijay is guilty of the offence under this Section.

Key Points:
Mischief:
Mischief is the intentional act of causing wrongful loss or damage to any property, whether it belongs to an individual or the public. It involves causing physical harm or altering the property in such a way that reduces its value, utility, or usefulness.
The offense does not necessarily require complete destruction; any action that injures, diminishes, or negatively affects the property is sufficient.

Intent or Knowledge:
The offender must act with intent to cause harm or with knowledge that their actions are likely to cause harm. This means:
The individual deliberately intended to damage property, or
They were aware that their actions would likely result in damage but acted regardless of that knowledge.
Negligence or accidental harm without intent is not covered under this section.

Wrongful Loss or Damage:
Wrongful loss refers to a loss that the owner of the property suffers due to the damage caused by another. This can be financial, functional, or sentimental loss.
Damage means any act that decreases the usefulness or monetary value of the property, either through physical destruction or alteration.
The loss or damage can be caused to property belonging to:
A private individual, or
The public, in cases where public property or assets are harmed.

Destruction or Change in Property:
Destruction implies the complete or partial damage of property, rendering it less useful or valuable.
Change in property or its situation refers to altering the property in a way that impairs its utility or affects it negatively. For example, removing a key part of a machine, making a well unusable by filling it with debris, or altering property to diminish its functional capacity.

Public and Private Property:
The section applies to both public property (government or community-owned assets) and private property (owned by individuals or businesses).
Public property might include things like roads, public buildings, government installations, or monuments, while private property could involve houses, vehicles, personal possessions, etc.

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