Verified 2025 — BNS Bare Act

IPC 436 → BNS 328: Mischief by Fire (House)

IPC Section 436 (Mischief by Fire (House)) under the old Indian Penal Code 1860 is now covered under Section 328 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

436

Mischief by Fire (House)

Mischief by fire or explosive substance with intent to destroy house, etc.

New Law — BNS 2023

328

Mischief by Fire (House)

Punishment / Liability

Same - Life or up to 10 years

Key Change / Note

No major change

Facing a case under BNS 328?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 328.

Quick Summary: IPC 436 vs BNS 328

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 436 (Mischief by Fire (House)) is now mapped to BNS Section 328.

What did IPC 436 cover?

IPC 436 dealt with mischief by fire (house) — mischief by fire or explosive substance with intent to destroy house, etc.. 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 328: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to mischief by fire (house) are filed under BNS Section 328. 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 328

Same - Life or up to 10 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 328 instead of IPC 436.
Police officers: Use BNS 328 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 436 ↔ BNS 328 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 436?

IPC Section 436 (Mischief by Fire (House)) is now covered under Section 328 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 328?

Same - Life or up to 10 years

What is the key difference between IPC 436 and BNS 328?

No major change

Is IPC 436 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.