Indian criminal law | Updated 31 October 2026
IPC Section 431 and BNS Section 326(b): Mischief to Public Roads, Bridges and Waterways
Damage or interference that makes a public road, bridge, navigable river or channel impassable or less safe can constitute a specific offence of mischief. The former IPC provision is Section 431; the corresponding current provision is Section 326(b) of the Bharatiya Nyaya Sanhita, 2023.
Meaning and scope of the offence
Section 326(b) addresses mischief involving a public road, bridge, navigable river or navigable channel, whether the waterway is natural or artificial. The act must render the route impassable or less safe for travelling or conveying property, or be an act the accused knows is likely to produce that result.
The underlying concept of mischief is defined in Section 324(1) BNS: broadly, intentionally or knowingly causing likely wrongful loss or damage through destruction of property or a harmful change to its condition, value or utility. Its explanations clarify that the property need not belong to the person who suffers the loss and that mischief may concern property belonging to the offender.
Legal provision: IPC Section 431
The former Section 431 of the Indian Penal Code, 1860 punished a person who committed mischief by an act rendering, or known to be likely to render, a public road, bridge, navigable river or channel impassable or less safe for travel or transport of property. The prescribed punishment was imprisonment of either description up to five years, or fine, or both.
Corresponding law: Section 326(b) BNS
Under Section 326(b) BNS, committing mischief by an act that renders, or is known to be likely to render, any public road, bridge, navigable river or channel, natural or artificial, impassable or less safe for travelling or conveying property is punishable with imprisonment of either description for up to five years, or fine, or both.
This is a faithful summary of the operative provision. For the complete enacted wording, see the official BNS text, Section 326(b).
Essential ingredients
- Mischief: The conduct must satisfy the legal elements of mischief under Section 324(1) BNS.
- Protected route: The subject must be a public road or bridge, or a navigable river or channel, natural or artificial.
- Effect or knowledge: The act makes the route impassable or less safe, or the accused knows it is likely to do so.
- Travel or carriage: The obstruction or danger relates to travelling or conveying property.
Examples may include deliberately damaging a public bridge or creating a dangerous obstruction in a navigable channel, provided the necessary legal elements are established. An accidental defect, without the required mental element, does not automatically establish this offence.
Punishment and classification
| Former provision | IPC Section 431 |
|---|---|
| Current corresponding provision | BNS Section 326(b) |
| Maximum punishment | Imprisonment of either description up to five years, or fine, or both |
| Cognizability | Cognizable |
| Bail classification | Bailable |
| Court ordinarily triable | Magistrate of the First Class |
The procedural classification above follows the official BNSS First Schedule listing for BNS Section 326(b). A bailable offence does not mean that the alleged conduct is lawful or that conviction is automatic.
IPC 431 and BNS 326(b): comparison
The BNS consolidates several former IPC mischief offences under Section 326. In particular, IPC Section 431 corresponds to BNS Section 326(b). The core description and maximum punishment of five years remain substantially the same. For conduct and proceedings spanning the legislative transition, the date of the alleged act and relevant saving provisions matter.
Related statutory provisions
BNS Section 324 defines mischief and its general punishments. Section 326(a) addresses interference with water supply, while Section 326(c) concerns inundation or obstruction of public drainage attended by injury or damage. Other paragraphs of Section 326 concern navigational signs, landmarks, fire and explosives.
Frequently asked questions
What replaced IPC Section 431?
Its corresponding provision is Section 326(b) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.
What is the maximum punishment?
Imprisonment of either description for up to five years, or a fine, or both.
Is BNS Section 326(b) bailable?
Yes. It is listed as cognizable and bailable, and triable by a Magistrate of the First Class.
Does every road accident amount to mischief under this section?
No. The statutory requirements for mischief, including the relevant intention or knowledge, must be established on the facts.
Official legal sources
- India Code: Bharatiya Nyaya Sanhita, 2023 (Sections 324 and 326)
- NCRB: IPC to BNS corresponding sections
- NCRB: BNSS First Schedule offence classifications
This article is general legal information, not advice on any particular case. The applicable law depends on the date and facts of the alleged offence.