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SECTION 438 IPC - Indian Penal Code - Punishment for the mischief described in section 437 committed by fire or explosive substance


Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty


Table of Contents

  1. IPC 438 in Simple Words
  2. IPC Section 438 related FAQs
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.



IPC 438 in Simple Words

If someone commits or tries to commit mischief using fire or explosive substances, they shall be punished with either life imprisonment or imprisonment of up to ten years, and may also be fined.


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Offence : The mischief described in the last section when committed by fire or any explosive substance


Punishment : Imprisonment for Life or 10 Years + Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Court of Session






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Frequently Asked Questions


What is Section 438 in IPC?

Anyone who attempts or commits such an act of mischief by means of fire or explosive substances as described in the previous section. The punishment is life imprisonment. Or with either type of imprisonment for a period that may extend up to ten year, as well as a fine.


Who can grant anticipatory bail under Section 438 of CrPC?

Supreme Court: High courts and Sessions courts may grant transit anticipatory bond under section 438 of the Cr. p.C. If the fir was filed in another state. 27 Nov 2023


What is Section 439 of the IPC?

IPC Section 439: Punishment of intentionally running vessel or ashore in order to commit theft etc.


What is Section 438 of the CrPC amendment?

It is important to note that the 2018 Amendment Act of the State (with effect on June 6, 2019) reinstated Section 438, which allows for bail to be granted in the case of arrest of a person suspected of committing a nonbailable offense. 13 Nov 2023