Bharatiya Nyaya Sanhita, 2023
Section 326 BNS: Mischief by Injury, Inundation, Fire or Explosive Substance, etc.
Section 326 of the Bharatiya Nyaya Sanhita, 2023 creates several aggravated forms of mischief involving water supply, public roads and waterways, drainage, navigation signals, public landmarks, fire and explosive substances.
Section 326 BNS - Overview
Section 326 applies where a person commits mischief through one of the specific methods or against one of the protected interests listed in clauses (a) to (g), including diminution of water supply, obstruction of roads or drainage, damage to navigation signals or public landmarks, and damage or destruction by fire or explosive substance.
The general concept of mischief comes from Section 324 BNS. Section 326 then imposes enhanced or specific punishment where the mischief affects important public infrastructure, navigation, property or buildings.
Section 326 BNS Explained Clause by Clause
Section 326(a) - Diminution of water supply
This clause applies where a person commits mischief by doing an act that causes, or that he knows is likely to cause, diminution of the supply of water for agriculture, food or drink for human beings, animals that are property, cleanliness, or manufacture.
Punishment: Imprisonment of either description up to five years, or fine, or both.
Section 326(b) - Public road, bridge, river or channel
This clause covers an act that renders, or is known to be likely to render, a public road, bridge, navigable river or navigable channel, whether natural or artificial, impassable or less safe for travelling or conveying property.
Punishment: Imprisonment of either description up to five years, or fine, or both.
Section 326(c) - Inundation or obstruction to public drainage
This clause applies where mischief causes, or is known to be likely to cause, inundation or obstruction to public drainage attended with injury or damage.
Punishment: Imprisonment of either description up to five years, or fine, or both.
Section 326(d) - Navigation signs and signals
This clause covers destroying or moving a sign or signal used for navigation of rail, aircraft or ship, or another thing placed as a guide for navigators, as well as any act that makes such a sign or signal less useful as a navigational guide.
Punishment: Imprisonment of either description up to seven years, or fine, or both.
Section 326(e) - Public landmark
This clause covers destroying or moving a landmark fixed by the authority of a public servant, or doing an act that makes such landmark less useful.
Punishment: Imprisonment of either description up to one year, or fine, or both.
Section 326(f) - Fire or explosive substance causing property damage
This clause applies where mischief is committed by fire or explosive substance with intent to cause, or knowledge of the likelihood of causing, damage to any property, including agricultural produce.
Punishment: Imprisonment of either description up to seven years and fine.
Section 326(g) - Fire or explosive substance intended to destroy building
This clause applies where fire or explosive substance is used with intent to cause, or knowledge of the likelihood of causing, destruction of a building ordinarily used as a place of worship, human dwelling, or place for custody of property.
Punishment: Imprisonment for life, or imprisonment of either description up to ten years, and fine.
Punishment, Cognizability, Bail and Trial Court
| Clause | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| 326(a) | Up to 5 years, or fine, or both | Yes | Yes | Magistrate of the first class |
| 326(b) | Up to 5 years, or fine, or both | Yes | Yes | Magistrate of the first class |
| 326(c) | Up to 5 years, or fine, or both | Yes | Yes | Magistrate of the first class |
| 326(d) | Up to 7 years, or fine, or both | Yes | Yes | Magistrate of the first class |
| 326(e) | Up to 1 year, or fine, or both | No | Yes | Any Magistrate |
| 326(f) | Up to 7 years and fine | Yes | Yes | Magistrate of the first class |
| 326(g) | Life imprisonment, or up to 10 years, and fine | Yes | No | Court of Session |
General Ingredients of Section 326
- the conduct must amount to mischief within the meaning of Section 324 BNS;
- the act must fall within one of the specific categories in Section 326(a) to 326(g);
- where the clause uses a knowledge-based formulation, the accused must know the prohibited consequence is likely;
- for the fire and explosive substance clauses, the specified intention or knowledge relating to damage or destruction must be proved; and
- the particular protected interest or property described in the relevant clause must be established.
Fire and Explosive Substance Under Sections 326(f) and 326(g)
Section 326(f) deals generally with damage to property, including agricultural produce, by fire or explosive substance and carries punishment up to seven years and fine.
Section 326(g) is substantially more serious because it concerns intended or knowingly likely destruction of a building ordinarily used as a place of worship, human dwelling or place for custody of property. It can result in life imprisonment and is non-bailable.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar. The enacted BNS text should be followed where a shorthand schedule description is narrower than the statutory clause.
Frequently Asked Questions
What is Section 326 BNS?
Section 326 deals with aggravated forms of mischief involving water supply, public roads and channels, drainage, navigation signs, public landmarks, fire and explosive substances.
Which Section 326 offence is non-cognizable?
Section 326(e), dealing with destruction or movement of a public landmark, is non-cognizable and bailable.
Which Section 326 offence is non-bailable?
Section 326(g), involving fire or explosive substance intended or known to be likely to destroy specified buildings, is non-bailable.
What is the maximum punishment under Section 326?
Under Section 326(g), the punishment may be imprisonment for life, or imprisonment up to ten years, and fine.
Which court tries Section 326(g)?
Section 326(g) is triable by the Court of Session.
This page provides general legal information. Application of Section 326 depends on the precise clause invoked, the facts, evidence and law applicable to the individual case.