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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 Oct, 2024
By Advocate Chikirsha Mohanty
(IPC section is included as a sub-section sans heading.)
Please refer to BNS 327 for updated procedures & punishments.
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.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| The mischief described in the last section when committed by fire or any explosive substance | Imprisonment for Life or 10 Years + Fine | Cognizable | Non-Bailable | Court of Session |
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
