Indian criminal law / Property offences / Updated October 2026
Section 430 IPC: Mischief Affecting Irrigation and Water Supply - BNS Section 326(a)
Section 430 of the Indian Penal Code, 1860 penalised mischief causing a reduction in water supply for agriculture, human or animal use, cleanliness or manufacturing. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 326(a).
Section 430 IPC - Original statutory provision
Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
This provision did not require that an irrigation structure itself be destroyed. An act wrongfully reducing the relevant water supply could fall within it, provided that the statutory requirements for mischief and the required knowledge or intention were proved.
Section 326(a) BNS - Current law
Section 326(a) of the Bharatiya Nyaya Sanhita, 2023 forms part of the provision titled Mischief by injury, inundation, fire or explosive substance, etc. Paragraph (a) covers mischief by an act causing, or known to be likely to cause, diminution of water supply for the purposes listed in the former IPC Section 430. It prescribes imprisonment of either description up to five years, or fine, or both.
The BNS came into force on 1 July 2024. For conduct before that date, the IPC and applicable savings rules must be considered. Consult the official BNS text on India Code and the Bureau of Police Research and Development BNS reference.
| Point | IPC Section 430 | BNS Section 326(a) |
|---|---|---|
| Subject | Mischief reducing specified water supply | Corresponding mischief reducing specified water supply |
| Maximum imprisonment | Five years | Five years |
| Other sentencing options | Fine, or both imprisonment and fine | Fine, or both imprisonment and fine |
| Relevant period | Generally offences before 1 July 2024 | Generally offences from 1 July 2024 |
Essential ingredients of the offence
- Mischief: The accused's conduct must amount to mischief as defined in the applicable penal law. This involves the required intention or knowledge of wrongful loss or damage and the specified injury to property or its value or utility.
- Act affecting supply: There must be an act causing or known to be likely to cause a reduction in water supply.
- Specified use: The affected supply must be for agriculture, food or drink for human beings, food or drink for animals that are property, cleanliness, or carrying on manufacture.
- State of mind: The prosecution must establish the statutory mental element, not merely the existence of a water dispute.
- Proof: The ingredients must be established beyond reasonable doubt in a criminal prosecution.
What does diminution of water supply mean?
Diminution means reduction or decrease. In this context, the relevant question is whether the act caused, or was known to be likely to cause, a reduction in supply for one of the purposes identified by the statute. It is not necessary that the entire water source be permanently destroyed.
Illustrative situations
- Irrigation channel: A person deliberately blocks a canal supplying farms, knowing that the obstruction is likely to reduce irrigation water.
- Drinking-water supply: A person intentionally diverts water away from a community's supply system with the required wrongful intent or knowledge.
- Industrial water: A person damages a water conduit serving a manufacturing facility, with knowledge that the act is likely to reduce the relevant supply.
- Animal water: A person wrongfully obstructs water intended for animals that are property, in circumstances satisfying the mischief requirements.
These examples are illustrative, not automatic conclusions of guilt. A lawful diversion, authorised maintenance, accidental breakdown or good-faith water-sharing disagreement must be evaluated according to the evidence and applicable laws.
Related provisions and water regulation
IPC Section 425 contained the general definition of mischief; its corresponding BNS provision is Section 324. IPC Sections 431 and 432 concerned other kinds of mischief involving roads, waterways, inundation and drainage; corresponding subject matter appears in BNS Sections 326(b) and 326(c). Depending on the circumstances, state irrigation statutes, municipal water rules and environmental laws may also apply. Their requirements are separate from the elements of this criminal offence.
Cognizability, bail, investigation and evidence
According to the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under BNS Section 326(a) is cognizable and bailable and is triable by a Magistrate of the first class. These classifications concern this specific clause; other allegations may change the applicable procedure. See the India Code database for the BNSS and its First Schedule.
Relevant evidence may include photographs of canals or pipelines, inspection reports, water-flow measurements, irrigation department records, permissions and diversion orders, CCTV footage, witness statements, repair estimates and electronic communications. A complainant should preserve original records and report immediate threats to the appropriate authorities. The prosecution must prove the elements of the offence; an allegation alone does not establish guilt.
Frequently asked questions
What is Section 430 IPC?
It punished mischief causing, or known to be likely to cause, a diminution of water supply for specified agricultural, human, animal, cleanliness or manufacturing purposes.
What is the corresponding BNS provision?
Section 326(a) of the Bharatiya Nyaya Sanhita, 2023 is the corresponding provision for offences governed by the BNS from 1 July 2024.
What is the punishment under Section 326(a) BNS?
Imprisonment of either description for up to five years, or fine, or both.
Is Section 326(a) BNS cognizable and bailable?
The BNSS First Schedule classifies the offence under Section 326(a) BNS as cognizable and bailable, triable by a Magistrate of the first class.
Does every dispute about irrigation water amount to mischief?
No. The elements of mischief, the specified diminution or likely diminution of water supply and the necessary mental element must be established on the facts.
Does the BNS replace IPC Section 430 for older incidents?
The date of the alleged act matters. The IPC generally governs offences committed before 1 July 2024, subject to the relevant repeal and savings provisions.
Official legal references
Read the Bharatiya Nyaya Sanhita, 2023, India Code and Ministry of Home Affairs for the authoritative text and amendments. This article provides general legal information and is not a substitute for advice on particular facts.