Mischief Under the BNS (Section 324): IPC 425 Mapping (2026)
What mischief means under Section 324 of the Bharatiya Nyaya Sanhita, 2023, the old IPC Sections 425 and 426 it replaced, the graded punishment, and what changed. Last verified October 2026.
Explainer · BNS · New Criminal Code
Mischief is an offence under Section 324 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Sections 425 and 426 and the graded mischief provisions of the Indian Penal Code (IPC). A person commits mischief by destroying or damaging property with intent, or knowledge of likely wrongful loss. The punishment rises with the value of the loss, from up to six months for the basic offence to up to five years. Last verified October 2026.
- Section: mischief is BNS Section 324.
- Old law: it replaced Section 425 (definition) and Section 426 (punishment), and the graded mischief sections to 440, of the IPC.
- What it is: deliberately destroying or damaging property with intent or knowledge of likely wrongful loss.
- Punishment: graded by value, from up to 6 months for basic mischief, up to 2 years for loss of Rs 20,000 to under Rs 1 lakh, and up to 5 years for loss of Rs 1 lakh or more.
- Tracking: Claw searches and tracks Section 324 matters across 9,102 courts, benches and forums.
01What Section 324 of the BNS covers
Section 324 of the BNS defines mischief and sets a graded punishment for it. Mischief is, in simple words, deliberately damaging or destroying property.
A person commits mischief who, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, does either of the following:
- causes the destruction of any property; or
- causes any change in any property, or in its situation, that destroys or reduces its value or utility, or affects it injuriously.
The owner need not be the victim
The offender does not need to intend loss to the owner of the property. It is enough that he intends, or knows he is likely, to cause wrongful loss or damage to any person, by injuring any property, whether it belongs to that person or not. So damaging property you partly own can still be mischief.
Two ingredients are needed: the mental element, that is intention or knowledge of likely wrongful loss or damage, and the act, that is destruction of or injurious change to property. Accidental damage, without that mental element, is not mischief.
02Old to new: IPC Sections 425 and 426 to BNS Section 324
Under the Indian Penal Code, mischief was defined in Section 425, the basic punishment was in Section 426, and a long series of sections from 427 to 440 dealt with mischief causing specific kinds or amounts of damage. The BNS has consolidated much of this into Section 324, with graded sub-sections.
| Topic | Old law (IPC) | New law (BNS) |
|---|---|---|
| Definition of mischief | Section 425 | Section 324(1) |
| Punishment for mischief | Section 426 | Section 324(2) |
| Mischief causing specified damage or value of loss | Sections 427 to 440 | Section 324 (graded sub-sections) |
A matter for an act on or after 1 July 2024 uses Section 324 of the BNS. An older matter stays under the IPC. See the IPC to BNS section mapping for the full table.
03Punishment and classification
Section 324 grades the punishment by the value of the loss or damage, and by the kind of property. The figures below reflect the published section.
| Situation | Punishment |
|---|---|
| Basic mischief | Imprisonment up to 6 months, or fine, or both. |
| Mischief causing loss or damage to any property, including Government or local authority property | Imprisonment up to 1 year, or fine, or both. |
| Loss or damage of Rs 20,000 or more but less than Rs 1,00,000 | Imprisonment up to 2 years, or fine, or both. |
| Loss or damage of Rs 1,00,000 or more | Imprisonment up to 5 years, or fine, or both. |
The classification of a mischief charge depends on the grade. Simple mischief tends to be less serious, often non-cognizable and bailable, while the higher grades and certain kinds of mischief can be more serious. The exact status varies by sub-section.
Mischief is deliberate damage to property. Section 324 keeps the old definition but ties the punishment to the money value of the loss, so the bigger the damage, the longer the term.
04What changed from the old law
The definition of mischief is carried over almost unchanged from Section 425 of the IPC. The intent or knowledge of wrongful loss, the act of destruction or injurious change, and the rule that the owner need not be the victim, all remain.
The notable change is the structure of the punishment. Where the IPC had many separate sections for different kinds of mischief, the BNS uses a single Section 324 with graded sub-sections, and ties the higher terms to clear money thresholds for the loss caused. This makes the grading easier to read. Cite Section 324 of the BNS for an act on or after 1 July 2024.
Related property offences include criminal trespass under BNS Section 329 and promoting enmity under BNS Section 196. For the wider reform, see the new criminal laws of 2024.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Mischief is a common charge, often added to other offences after a dispute or a protest, so a matter can run across more than one court. An advocate needs to see how the grades of Section 324, and the old mischief sections, have been applied, and to keep track of a live matter. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore and more judgments and results in under 5 seconds. You can pull up how courts have treated a mischief charge, and follow a pending matter with automatic updates, cause lists and alerts.
Claw does not file your case or give legal advice, and Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name.
This explainer is general information, not legal advice.
06Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Section 324 BNS, bare text reference: devgan.in
- Claw: clawlaw.in
Always read the section as it stands on the day you act, and take advice from counsel. The law changes through amendments and judgments.
07Frequently asked questions
What is Section 324 of the BNS?
Section 324 of the Bharatiya Nyaya Sanhita, 2023 is the offence of mischief. A person commits mischief who, intending or knowing it likely to cause wrongful loss or damage, destroys property or so changes it as to destroy or reduce its value or utility. It replaced Sections 425 and 426 and the graded mischief sections of the IPC.
Which IPC sections did BNS 324 replace?
It replaced Section 425, which defined mischief, Section 426, which set the basic punishment, and the series of sections from 427 to 440 that dealt with mischief causing specific kinds or amounts of damage.
What is the punishment for mischief under BNS 324?
Basic mischief carries up to six months, or fine, or both. Mischief causing loss or damage of Rs 20,000 up to under Rs 1,00,000 carries up to two years, and loss or damage of Rs 1,00,000 or more carries up to five years. Damage to Government or local authority property carries up to one year.
Does it matter who owns the damaged property?
No. The offender need not intend loss to the owner. It is enough that he intends, or knows he is likely, to cause wrongful loss or damage to any person by injuring property, whether or not it belongs to that person.
Is mischief cognizable and bailable?
It depends on the grade. Simple mischief is usually treated as less serious, often non-cognizable and bailable, while higher grades can be more serious. Confirm the exact classification for the grade charged from the current BNSS First Schedule.
Can I track a mischief case in Claw?
Yes. Claw lets you search and track cases, orders and judgments under Section 324, or the old mischief sections, by section, party or advocate across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks the matter but does not file the case or give legal advice.