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

Quick Summary: IPC 431 vs BNS 326(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 431 (Mischief (Public Road)) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering mischief (public road) as BNS 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 for this offence 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, new complaints relating to mischief (public road) are filed under BNS Section 326(2), while cases registered earlier continue under the old IPC provision 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: For mischief (public road), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 326(2) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new mischief (public road) FIR cites BNS 326(2).
• Law students & citizens: With mischief (public road), value, the manner of taking and any force used determine which property offence applies and how serious it is.