Section 324 of BNS : Section 324: Mischief.

Bare Act

Section on Mischief

(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

Explanation 1

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

Explanation 2

Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations

• (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
• (b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
• (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
• (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
• (e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.
• (f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
• (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
• (h) A causes cattle...

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Simplified Act

Section on Mischief

(1) If someone intentionally causes, or knows they might cause, wrongful loss or damage to someone else or the public by destroying or damaging property, or changing it in a way that lowers its value or usefulness, or harms it, they are committing mischief.

Explanation 1

To commit mischief, the person doesn’t have to intend to harm the owner of the property. It's enough if they intend to cause, or know they might cause, wrongful loss or damage to anyone by damaging any property, no matter who owns it.

Explanation 2

Mischief can happen even if the person damages property that they own, or that they own together with someone else.

Examples

• (a) A burns a valuable document belonging to Z, intending to cause Z a wrongful loss. A has committed mischief.
• (b) A puts water into an ice-house belonging to Z, causing the ice to melt and intending to cause Z a wrongful loss. A has committed mischief.
• (c) A throws Z’s ring into a river, intending ...

Explanation using Example

Example 1:

Ravi, upset with his neighbor Suresh over a property dispute, decides to take revenge. One night, Ravi sneaks into Suresh's garden and cuts down several of his expensive plants and trees. Ravi knows that this will cause Suresh significant financial loss and emotional distress. By doing this, Ravi has committed mischief under Section 324 of the Bharatiya Nyaya Sanhita 2023.

Example 2:

Priya, a disgruntled employee, decides to get back at her employer by damaging office property. She intentionally spills water on the office computers, knowing that this will render them useless and cause a significant financial loss to the company. Priya's actions constitute mischief as she knowingly caused damage to the property with the intent to cause wrongful loss.

Example 3:

During a protest, Raj, an activist, throws stones at a government building, breaking several windows. Raj's actions result in damage to government property. Under Section 324, Raj has committed mischief and can be punished with imprisonment or a fine, or both, depending on the extent of the damage caused.

Example 4:

Sunil, who has a joint ownership of a car with his friend Amit, gets into an argument with Amit. In a fit of rage, Sunil deliberately scratches the car's paint and breaks its windshield, intending to cause financia...