IPC 426 → BNS 324(2): Punishment Mischief

Quick Summary: IPC 426 vs BNS 324(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 426 (Punishment Mischief) 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 punishment mischief as BNS 324(2).

What did IPC 426 cover?

IPC 426 dealt with punishment mischief — punishment for mischief. 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(2): What changed in the new law?

General punishment provision. From 1 July 2024, new complaints relating to punishment mischief are filed under BNS Section 324(2), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 324(2)

Same - Up to 6 months

Practical implications for advocates, police & citizens

• Advocates: For punishment mischief, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 324(2) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new punishment mischief FIR cites BNS 324(2).
• Law students & citizens: With punishment mischief, value, the manner of taking and any force used determine which property offence applies and how serious it is.