IPC §438 → BNS §327
Punishment for the mischief described in section 437 committed by fire or explosive substance
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Comparison
438. Punishment for the mischief described in section 437 committed by fire or explosive substance. —Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 2[imprisonment for life]. or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What changedAI-inferred
IPC 438 absorbed into BNS 327(2).
Old position
IPC 438 is concerned with Punishment for the mischief described in section 437 committed by fire or explosive substance. Punishment for the mischief described in section 437 committed by fire or explosive substance
New position
BNS 327 preserves the framework with drafting modernisations as required by the new code. Topic: Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that
BNS 327 (Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden) preserves the framework of IPC 438. BNS 327 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the...
Editorial deltaAI-indicated (source-linked)
BNS 327 (Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden) preserves the framework of IPC 438. BNS 327 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 327 text: Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 438 continues to apply. For matters from that date forward, BNS 327 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 327 (Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §438 → BNS §327 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/438.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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