IPC 426 vs BNS 426
● Retained in BNSPunishment for mischief
Section 426 of the Indian Penal Code, 1860, prescribes punishment for the offence of mischief as defined under IPC 425. While IPC 425 provides the definition, IPC 426 specifically lays down the penalty for causing such damage. Any person who commits mischief shall be punished with imprisonment up to 3 months, or fine, or both.
Key points:
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Applies to general cases of mischief without reference to specific property.
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Punishment: Simple or rigorous imprisonment up to 3 months, or fine, or both.
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Serves as the basic punishment clause, while aggravated forms of mischief have higher penalties under subsequent sections.
For example, if someone scratches a neighbor’s car, breaks flowerpots, or damages household items intentionally, it would attract IPC 426. The law ensures that even minor acts of mischief are punishable, thereby discouraging malicious damage to property. This provision protects property rights and promotes responsibility in community living.
Punishment for mischief
Section 426 of the Bharatiya Nyaya Sanhita, 2023, continues the same principle as IPC 426 by prescribing punishment for mischief. It ensures that individuals who intentionally damage property are held accountable, even in cases of minor harm.
Key points:
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Punishes any act of mischief not covered under aggravated provisions.
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Punishment: Imprisonment up to 3 months, or fine, or both, unchanged from IPC.
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Maintains continuity while ensuring deterrence against deliberate property damage.
For instance, if a person damages public benches, intentionally breaks lights, or destroys small objects belonging to others, they would be liable under BNS 426. This section ensures legal consistency and fairness by penalizing all forms of mischief, however minor, thus protecting both private and public property.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 426 to BNS BNS 426.