Indian criminal law | Updated 31 October 2026
IPC Section 440 and BNS Section 324(6): Mischief After Preparation for Causing Death or Hurt
Section 440 of the Indian Penal Code, 1860 addressed mischief committed after preparation for causing death, hurt, wrongful restraint or fear of these consequences. The corresponding current provision is Section 324(6) of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024.
What did IPC Section 440 provide?
The former Section 440, titled Mischief committed after preparation made for causing death or hurt, stated:
Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
The provision addressed the increased danger when property-related mischief is accompanied by advance preparation to threaten or restrain people. It remains relevant when examining conduct that occurred while the IPC was in force.
Current law: BNS Section 324(6)
Section 324(6) BNS substantially retains the language and penalty of former IPC Section 440. It punishes a person who commits mischief after preparing to cause another person death, hurt, wrongful restraint, or fear of those consequences.
The legal definition of mischief appears in Section 324(1) BNS: intentionally causing, or knowing one is 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 injuriously affect it. Mischief can involve property owned by the offender or jointly owned property where the statutory requirements are met.
Essential ingredients of the offence
- Commission of mischief: There must be an act satisfying Section 324(1), including the required intent or knowledge of likely wrongful loss or damage.
- Preparation: Before or in connection with committing the mischief, the accused must have made preparation for one of the consequences specified in Section 324(6).
- Specified object of preparation: The preparation must relate to causing death, hurt, wrongful restraint, or fear of death, hurt or wrongful restraint to any person.
- Proof of circumstances: Evidence must connect the preparation to the commission of mischief; mere suspicion or the accidental presence of an object is not sufficient by itself.
Meaning of key expressions
- Preparation: Steps taken to equip or arrange means for carrying out the specified harmful act. Whether conduct amounts to preparation depends on the evidence.
- Hurt: Causing bodily pain, disease or infirmity to a person, as defined in Section 114 BNS.
- Wrongful restraint: Voluntarily obstructing a person so as to prevent proceeding in a direction in which that person has a right to proceed, subject to the statutory exception in Section 126 BNS.
- Fear: The subsection expressly includes preparation to cause fear of death, hurt or wrongful restraint; it does not require proof that the feared harm was actually inflicted.
Punishment, bail and trial
| Issue | Position under BNS 324(6) |
|---|---|
| Maximum imprisonment | Five years, of either description |
| Fine | Also liable to fine |
| Police classification | Cognizable |
| Bail classification | Bailable |
| Trial court | Magistrate of the First Class |
| Former provision | IPC Section 440 |
A cognizable offence permits police investigation under the applicable procedural law without first obtaining a Magistrate's order. A bailable classification means an eligible accused has a statutory right to bail upon compliance with the legal conditions. Arrest and investigation must nevertheless comply with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Illustrative situations
- Threats during deliberate property damage: A person intentionally damages another's property after arranging weapons or associates to cause hurt if interrupted. The prosecution must prove the relevant mischief and preparation.
- Restraining a guard: A person prepares means to unlawfully restrain a security guard while deliberately damaging property. The preparation may bring the conduct within Section 324(6), depending on the facts.
- Ordinary accidental damage: A vehicle accidentally strikes a gate without the required intent or knowledge. The mere damage does not automatically constitute mischief under Section 324(1), still less the aggravated offence under subsection (6).
These examples are illustrative only; liability depends on admissible evidence and all applicable statutory ingredients.
IPC Section 440 compared with BNS Section 324(6)
| Feature | IPC Section 440 | BNS Section 324(6) |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Conduct | Mischief after preparation for death, hurt, restraint or fear | Substantially the same |
| Punishment | Up to five years and fine | Up to five years and fine |
| Relevant period | Generally offences before 1 July 2024 | Generally offences from 1 July 2024 |
For older incidents, the repeal and savings provisions, including Section 358 BNS and applicable general principles governing accrued liability, must be considered. The date of the alleged conduct is important; it is not enough to rely only on the date of the FIR or trial.
Evidence and legal considerations
Relevant evidence may include photographs or reports of property damage, CCTV recordings, witness accounts, recovery of objects prepared for use, communications demonstrating intent, and forensic findings. Electronic records should be collected and presented in accordance with the Bharatiya Sakshya Adhiniyam, 2023, including applicable certification requirements. The prosecution bears the burden of proving the statutory elements beyond reasonable doubt.
Frequently asked questions
What is the current BNS equivalent of IPC Section 440?
Section 324(6) of the Bharatiya Nyaya Sanhita, 2023, corresponds to IPC Section 440.
What is the punishment under BNS Section 324(6)?
Imprisonment of either description for up to five years and liability to a fine.
Is BNS Section 324(6) bailable?
Yes. It is classified as cognizable and bailable and is triable by a Magistrate of the First Class.
Is actual injury required for this offence?
No. The special requirement is proof of mischief and prior preparation to cause death, hurt, wrongful restraint or fear of any of them. An actual injury is not expressly required by this subsection.
Does IPC Section 440 still apply?
IPC Section 440 remains relevant to offences committed before 1 July 2024, subject to the applicable repeal and savings provisions.
Official legislation and references
- India Code: Bharatiya Nyaya Sanhita, 2023 (official text, Section 324)
- National Crime Records Bureau: IPC and BNS corresponding-section table
- Delhi Police Academy: BNS comparison and offence classifications
- India Code: official central legislation portal (IPC, BNSS and BSA)
Note: This article provides general legal information. The applicable charge, bail procedure and evidentiary issues depend on the facts and any later statutory amendments or judicial decisions.