Verified 2025 — BNS Bare Act

IPC 438 → BNS 328: Mischief (Fire to Vessel)

IPC Section 438 (Mischief (Fire to Vessel)) 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

438

Mischief (Fire to Vessel)

Punishment for the mischief described in section 437 committed by fire or explosive substance

New Law — BNS 2023

328

Mischief (Fire to Vessel)

Punishment / Liability

Same - Life or up to 10 years

Key Change / Note

Merged into Section 328

Facing a case under BNS 328?

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

Quick Summary: IPC 438 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 438 (Mischief (Fire to Vessel)) is now mapped to BNS Section 328.

What did IPC 438 cover?

IPC 438 dealt with mischief (fire to vessel) — punishment for the mischief described in section 437 committed by fire or explosive substance. 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?

Merged into Section 328. From 1 July 2024, all new criminal complaints relating to mischief (fire to vessel) 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 438.
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 438 ↔ BNS 328 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 438?

IPC Section 438 (Mischief (Fire to Vessel)) 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 438 and BNS 328?

Merged into Section 328

Is IPC 438 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.