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IPC 440 → BNS 324(6): Mischief (Preparation Death)

IPC Section 440 (Mischief (Preparation Death)) under the old Indian Penal Code 1860 is now covered under Section 324(6) 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(6)

Mischief (Preparation Death)

Punishment / Liability

Same - Up to 5 years

Key Change / Note

No major change

Facing a case under BNS 324(6)?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 324(6).

What changed for IPC 440?

IPC 440 (Mischief (Preparation Death)) — mischief committed after preparation made for causing death or hurt — now maps to BNS Section 324(6). Key change: No major change. Punishment under BNS 324(6): Same - Up to 5 years.

Quick Summary: IPC 440 vs BNS 324(6)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 440 (Mischief (Preparation Death)) 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 (preparation death) as BNS 324(6).

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

BNS 324(6): What changed in the new law?

No major change. From 1 July 2024, new complaints relating to mischief (preparation death) are filed under BNS Section 324(6), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 324(6)

Same - Up to 5 years

Practical implications for advocates, police & citizens

Advocates: For mischief (preparation death), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 324(6) mapping before drafting.
Police officers: Establish dishonest intention and the manner of taking; a new mischief (preparation death) FIR cites BNS 324(6).
Law students & citizens: With mischief (preparation death), 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 440?

IPC Section 440 (Mischief (Preparation Death)) is now covered under Section 324(6) of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 324(6)?

Same - Up to 5 years

What is the key difference between IPC 440 and BNS 324(6)?

No major change

Is IPC 440 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 (preparation death) offence earlier in IPC 440 is now governed by BNS 324(6) — pending IPC 440 cases continue, but new FIRs cite BNS 324(6).