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IPC 1860REPEALED

Section 427-440

Mischief: Causing Damage over ₹50; Killing/Maiming Cattle; Damage to Works of Irrigation; Damage to Bridge/Road/River; Damage by Fire to Public Building; Damage to Vessel; Intentional Damage to Vessel; Intentional Stranding of Vessel; Mischief by Killing Animal of Value

Replaced by: BNS BNS 324-328

Bailable / Non-BailableCognizable: Non-Cognizable / Cognizable (varies)Any Magistrate / Court of Session
THE STATUTE

Original Text

Section 427: Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 435: Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards, or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Section 436: Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, 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

Sections 427–440 escalate mischief from the trivial (3 months under Section 426) to the catastrophic (life imprisonment under Section 436 for arson of a dwelling). The escalation is primarily value-based and means-based. Section 427 (damage over ₹50 — 2 years) is the first significant threshold; Section 435 (mischief by fire or explosive — 7 years) escalates where fire or explosives are used; Section 436 (arson of dwelling/place of worship — life) is the apex. Section 428 (killing/maiming animals of value under ₹10 — 2 years) and Section 429 (killing/maiming animals over ₹10 — 5 years) reflect the IPC's recognition that livestock was critical wealth in rural India. Sections 430–432 protect irrigation works, rivers, and embankments — vital infrastructure in an agricultural society. The BNS consolidates these into a restructured mischief framework with value-based tiers reflecting modern economic realities (₹50 thresholds from 1860 are replaced with meaningful contemporary amounts).

Legal Evolution

Sections 427-440 provide a comprehensive scheme of aggravated mischief offences, calibrated to the type of property damaged and the severity of harm. The scheme ranges from mischief causing damage of fifty rupees or more (Section 427) up to mischief by fire to dwellings (Section 436, punishable with life imprisonment). Macaulay's drafters recognized that property damage was not monolithic — the destruction of a human habitation was categorically more serious than damage to personal property.

Landmark Precedents

State of MP v. Kanha (2010)

(2010) 3 SCC 583
RELEVANCE

Section 436 applies even when fire started in a common area causes destruction of a dwelling — proximity and foreseeability of dwelling destruction is sufficient.

Practical Scenarios

"Deliberately setting fire to a rival's shop — Section 435 (7 years) or Section 436 (life) if the shop also serves as a dwelling."
"Breaking an irrigation canal to flood a neighbour's fields — Section 430 (mischief to irrigation works, 5 years)."

Common Queries

Section 436 (mischief by fire destroying a human dwelling) carries life imprisonment or up to 10 years. If persons die in the fire, additional murder charges under Section 302 apply.