IPC 129 vs BNS 129
● Retained in BNSMischief by a public servant
Section 129 of the Indian Penal Code, 1860, deals with mischief committed by a public servant, focusing on acts where a government official intentionally causes wrongful loss or damage to property or individuals while performing official duties. This section ensures that public servants cannot exploit their position to commit mischief.
Under IPC 129:
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Liability arises when a public servant intentionally causes wrongful loss or damage,
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Covers acts committed while performing official duties,
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Punishment includes imprisonment, fines, or other penalties, depending on the severity of the act.
For example, if a municipal officer deliberately damages property during an official inspection, they can be prosecuted under IPC 129. The law ensures that official duties are carried out lawfully and responsibly, and any intentional mischief is punished.
IPC 129 emphasizes accountability, integrity, and lawful conduct of public servants, preventing abuse of power and ensuring citizens are protected from arbitrary harm by government officials.
Mischief by a public servant
Section 129 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 129, retaining the principle that mischief committed by a public servant while performing official duties is a punishable offense.
Under BNS 129:
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Liability applies when a public servant intentionally causes wrongful loss or damage,
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Covers acts done while executing official functions,
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Punishment includes imprisonment, fines, or other penalties, depending on severity.
For instance, a government officer deliberately damaging property during official duty is punishable under BNS 129. The law ensures that official actions are accountable and lawful, protecting citizens from misuse of authority.
By retaining IPC 129’s principles, BNS 129 ensures legal accountability and integrity of public servants, emphasizing that intentional mischief in the course of duty is punishable, thereby strengthening governance and citizen protection.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 129 to BNS BNS 129.