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IPC 436 → BNS 326(7): Mischief by Fire (House)

IPC Section 436 (Mischief by Fire (House)) under the old Indian Penal Code 1860 is now covered under Section 326(7) 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

326(7)

Mischief by Fire (House)

Punishment / Liability

Same - Life or up to 10 years

Key Change / Note

No major change

Facing a case under BNS 326(7)?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 326(7).

What changed for IPC 436?

IPC 436 (Mischief by Fire (House)) — mischief by fire or explosive substance with intent to destroy house, etc. — now maps to BNS Section 326(7). Key change: No major change. Punishment under BNS 326(7): Same - Life or up to 10 years.

Quick Summary: IPC 436 vs BNS 326(7)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 436 (Mischief by Fire (House)) 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 by fire (house) as BNS 326(7).

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 for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 326(7): What changed in the new law?

No major change. From 1 July 2024, new complaints relating to mischief by fire (house) are filed under BNS Section 326(7), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 326(7)

Same - Life or up to 10 years

Practical implications for advocates, police & citizens

Advocates: For mischief by fire (house), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 326(7) mapping before drafting.
Police officers: Establish dishonest intention and the manner of taking; a new mischief by fire (house) FIR cites BNS 326(7).
Law students & citizens: With mischief by fire (house), value, the manner of taking and any force used determine which property offence applies and how serious it is.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 436?

IPC Section 436 (Mischief by Fire (House)) is now covered under Section 326(7) of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 326(7)?

Same - Life or up to 10 years

What is the key difference between IPC 436 and BNS 326(7)?

No major change

Is IPC 436 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The mischief by fire (house) offence earlier in IPC 436 is now governed by BNS 326(7) — pending IPC 436 cases continue, but new FIRs cite BNS 326(7).