IPC 431 → BNS 326(2): Mischief (Public Road)

Quick Summary: IPC 431 vs BNS 326(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 431 (Mischief (Public Road)) is now mapped to BNS Section 326(2).

What did IPC 431 cover?

IPC 431 dealt with mischief (public road) — mischief by injury to public road, bridge, river or channel. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 326(2): What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to mischief (public road) are filed under BNS Section 326(2). Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 326(2)

Same - Up to 5 years

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 326(2) instead of IPC 431.
• Police officers: Use BNS 326(2) as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 431 ↔ BNS 326(2) mapping.