Indian criminal law | Updated 31 October 2026
IPC Section 427 and BNS Section 324: Mischief Causing Property Damage
Section 427 of the Indian Penal Code, 1860 punished mischief causing property damage of Rs. 50 or more. Under the Bharatiya Nyaya Sanhita, 2023, mischief and the applicable damage-based penalties are covered by Section 324, with substantially revised monetary thresholds.
Original text of IPC Section 427
427. Mischief causing damage to the amount of fifty rupees.
Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The historical provision should be read with IPC Section 425, which defined mischief as intentional or knowingly likely wrongful loss or damage through destruction or injurious alteration of property. The general punishment under IPC Section 426 was separate from the enhanced punishment in Section 427.
BNS Section 324: Current law on mischief
Section 324(1) BNS defines mischief: a person acts with intent to cause, or knowing they are likely to cause, wrongful loss or damage to the public or any person by destroying property or changing property or its situation so as to destroy or diminish its value or utility or affect it injuriously. The explanations make clear that the victim need not own the property and that jointly owned or even one's own property can be involved in appropriate circumstances.
| BNS provision | Conduct | Maximum punishment |
|---|---|---|
| Section 324(2) | General mischief | 6 months imprisonment, or fine, or both |
| Section 324(3) | Mischief causing loss or damage to property, including government or local authority property | 1 year imprisonment, or fine, or both |
| Section 324(4) | Damage of Rs. 20,000 or more but less than Rs. 1 lakh | 2 years imprisonment, or fine, or both |
| Section 324(5) | Damage of Rs. 1 lakh or more | 5 years imprisonment, or fine, or both |
| Section 324(6) | Mischief after preparation for causing death, hurt, wrongful restraint or fear of these | 5 years imprisonment and fine |
Source: Official Bharatiya Nyaya Sanhita, 2023 (India Code PDF), Section 324. The National Crime Records Bureau correspondence table identifies the IPC-to-BNS relationship.
Essential ingredients of mischief causing damage
- Destruction or injurious alteration: The accused destroys property or changes it or its situation in a manner affecting its value, utility or condition.
- Wrongful loss or damage: The act is intended to cause, or known to be likely to cause, wrongful loss or damage to the public or any person.
- Relevant value of damage: For the enhanced penalties under BNS 324(4) or (5), the amount of loss or damage must be established through admissible evidence.
- Link between conduct and damage: Evidence must connect the alleged act with the resulting damage.
IPC Section 427 versus BNS Section 324
| Issue | Former IPC Section 427 | Current BNS Section 324 |
|---|---|---|
| Damage threshold | Rs. 50 or more | Multiple tiers; Rs. 20,000 to below Rs. 1 lakh under 324(4) |
| Maximum term in comparable tier | 2 years | 2 years under 324(4) |
| Higher-value damage | No separate Rs. 1 lakh tier in Section 427 | Up to 5 years under 324(5) |
| Application | Conduct governed by the IPC, subject to savings | Conduct governed by BNS from 1 July 2024 |
Practical illustrations
Example 1: A deliberately breaks another person's window, causing documented damage of Rs. 8,000. The old Rs. 50 threshold should not be used to select a BNS charge; the facts may fall under BNS 324(3).
Example 2: A intentionally destroys equipment worth Rs. 45,000 to cause loss. If the elements and value are proved, BNS 324(4) may apply.
Example 3: A maliciously damages commercial machinery, causing loss of Rs. 1.5 lakh. BNS 324(5) may apply, subject to proof and other applicable provisions.
Accidental damage: Mere accidental damage, without the required intent or knowledge, does not by itself establish the offence of mischief. Civil liability may be a separate question.
Cognizability, bail and trial
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, offences under BNS 324(2), 324(3) and 324(4) are generally non-cognizable and bailable, triable by any Magistrate. BNS 324(5) is cognizable and bailable, triable by a Magistrate of the first class. Classification depends on the specific subsection and any additional offences alleged. Consult the official NCRB BNSS First Schedule reference.
Evidence and available remedies
Photographs, repair estimates, invoices, ownership or possession documents, witness accounts, CCTV footage and expert assessments can help establish the damage and its value. The amount claimed is not automatically the amount proved. A complainant may also explore lawful civil remedies for compensation; criminal punishment and civil recovery are distinct.
Frequently asked questions
What was the punishment under IPC Section 427?
For mischief causing loss or damage of Rs. 50 or more, imprisonment of either description up to two years, or fine, or both.
Which BNS section corresponds to IPC 427?
BNS Section 324(4) is the corresponding provision in the official NCRB comparison table, but its damage threshold is Rs. 20,000 or more and less than Rs. 1 lakh.
What if damage is less than Rs. 20,000?
The general mischief provisions in BNS Section 324(2) and 324(3) may apply depending on the facts; the Rs. 50 IPC threshold does not carry over.
What if damage is Rs. 1 lakh or more?
BNS Section 324(5) prescribes imprisonment up to five years, or fine, or both.
Is BNS Section 324(4) bailable?
Under the BNSS First Schedule, BNS Section 324(4) is non-cognizable, bailable and triable by any Magistrate.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official text
- NCRB - IPC to BNS correspondence
- NCRB - BNSS First Schedule
- India Code - central legislation
- Ministry of Home Affairs
This page is general legal information. The law applicable to an incident, the appropriate charge and procedure depend on its date and proven facts.