Bharatiya Nyaya Sanhita (BNS) 2023 Section 324 Mischief: Meaning, Punishment & Case Laws

The Bharatiya Nyaya Sanhita (BNS) 2023 replaces the Indian Penal Code, bringing some reforms in criminal law. One of the sections under this new law is BNS Section 324, which deals with “Mischief”. This article will explain BNS Section 324 Mischief in simple words. We’ll look at what it means, its punishment, some key points, and real case laws. We will also include a short note and a disclaimer for legal clarity.

What is Mischief under BNS Section 324?

Mischief means intentionally causing damage to someone’s property or value. It involves wrongful intention and deliberate actions. As per BNS Section 324, a person commits mischief when they:

• Intend to cause or know they are likely to cause
• Wrongful loss or damage to the public or to any person
• And cause destruction of property or change its condition or value
  It is not just about physical damage. Even altering something in a way that reduces its usefulness or value can be mischief.

Key Ingredients of BNS Section 324 Mischief

To prove a case under BNS Section 324, the following must be present:

1. Intention or knowledge to cause wrongful loss
2. There must be actual damage, destruction, or alteration
3. It must result in loss to another person
   Just accidental harm isn’t mischief. There must be intent or knowledge.

Punishment for Mischief under BNS Section 324

The punishment for mischief depends on the extent of the damage. Under BNS Section 324:
The basic punishment is imprisonment up to 6 months, or fine, or both
If the damage is more serious or involves public property, the punishment may increase
Mischief involving fire, explosives, or dangerous means may carry higher penalties

Simple Example of Mischief

Let’s understand with an easy example:
Rahul gets angry and breaks his neighbor’s CCTV camera intentionally. The camera is damaged, and the footage is lost. Rahul knew it would cause trouble to his neighbor.
Here, Rahul can be charged under BNS Section 324. He had the intention to cause damage and acted upon it.

Important Case Laws on Mischief

Here are some real judgments that reflect the idea of mischief:

State of Himachal Pradesh v. Prem Singh (1999)
In this case, the accused damaged electric poles intentionally during a protest. The court held that since the act was willful and caused public loss, it amounted to mischief.
Takeaway: Even damaging government property falls under mischief.

K.N. Mehra v. State of Rajasthan (1957)
A person took an aircraft without permission and returned it later. Though there was no physical damage, the court said even temporary unlawful use with potential harm can be mischief.
Takeaway: Mischief is not just about breaking something. It also covers wrongful use or change that causes loss.

Nathu Lal v. State of M.P. (1966)
The court ruled that mere suspicion is not enough. The prosecution must prove intention or knowledge beyond doubt.
Takeaway: Intention is the heart of mischief. Accidents do not qualify.

Difference Between Mischief and Theft

These two are often confused. Here’s a simple comparison:

Point
Mischief
Theft

Intention
To cause loss or damage
To take something unlawfully

Focus
On property damage
On unlawful gain

Ownership
Property not taken away
Property is taken

Example
Breaking someone’s windshield
Stealing the car

BNS Section 324 Mischief – Types of Acts Covered

This section can cover
Breaking property
Damaging electronics or vehicles
Spoiling public infrastructure
Destroying documents
Tampering with water, gas, or electric supply
Using corrosive substances to harm property
If any such act is intentional and causes harm, Section 324 applies.

Is BNS Section 324 a Cognizable Offence?

In general
Basic mischief is a non-cognizable offence
That means police cannot arrest without a magistrate’s permission
But serious forms of mischief like fire or public damage can become cognizable

Is It Bailable?

Yes, mischief under BNS Section 324 is usually a bailable offence
The accused can apply for bail and is entitled to be released, subject to conditions by the court

Compoundable or Not?

Yes, basic mischief is compoundable
That means the complainant can settle the matter and withdraw the case with the court’s permission. This encourages resolution without lengthy trials in minor cases

Short Note on BNS Section 324 Mischief

Short Note:
BNS Section 324 punishes individuals who intentionally cause damage or loss to property. The essence lies in the wrongful intention or knowledge behind the act. It is generally a bailable and non-cognizable offence, but serious cases may attract stricter penalties. The law encourages settlement in minor cases by making it compoundable.

Why is This Law Important?

India faces frequent incidents of damage to public and private property — during protests, land disputes, or personal revenge. This law ensures such actions are punished to prevent chaos and loss
It also balances the law by allowing settlement in less serious cases

Recent Relevance and Concerns

In recent times, there have been many instances where public property like buses, trains, and metro stations were damaged during protests. Such acts fall directly under BNS Section 324
Legal experts say that while the BNS modernizes criminal laws, the essence of protecting property remains intact

Conclusion

BNS Section 324 Mischief plays a crucial role in maintaining order in society. It ensures that no one can damage property out of anger, revenge, or irresponsibility
It also helps victims get justice and holds wrongdoers accountable. Whether it’s personal property or public assets, this law helps protect them all

Disclaimer

This article is for general legal awareness. It does not constitute legal advice. For legal queries or specific case-related guidance, always consult a qualified legal professional or advocate. Laws may be updated or interpreted differently by courts over time.