Verified 2025 — BNS Bare Act

IPC 440 → BNS 324(5): Mischief (Preparation Death)

IPC Section 440 (Mischief (Preparation Death)) under the old Indian Penal Code 1860 is now covered under Section 324(5) of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

440

Mischief (Preparation Death)

Mischief committed after preparation made for causing death or hurt

New Law — BNS 2023

324(5)

Mischief (Preparation Death)

Punishment / Liability

Same - Up to 5 years

Key Change / Note

No major change

Facing a case under BNS 324(5)?

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Quick Summary: IPC 440 vs BNS 324(5)

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 440 (Mischief (Preparation Death)) is now mapped to BNS Section 324(5).

What did IPC 440 cover?

IPC 440 dealt with mischief (preparation death) — mischief committed after preparation made for causing death or hurt. 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 324(5): What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to mischief (preparation death) are filed under BNS Section 324(5). 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 324(5)

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 324(5) instead of IPC 440.
Police officers: Use BNS 324(5) 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 440 ↔ BNS 324(5) mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 440?

IPC Section 440 (Mischief (Preparation Death)) is now covered under Section 324(5) of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 324(5)?

Same - Up to 5 years

What is the key difference between IPC 440 and BNS 324(5)?

No major change

Is IPC 440 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.