Indian Penal Code, 1860 · Section 438

IPC 438 in BNS: Section 327(2)

Section 438 of the Indian Penal Code, 1860 corresponds to Section 327(2) of the Bharatiya Nyaya Sanhita, 2023. IPC 438 deals with punishment for the mischief described in section 437 committed by fire or explosive substance. BNS 327 brings it together with IPC 437. The Bharatiya Nyaya Sanhita came into force on 1 July 2024, replacing the IPC.

Indian Penal Code

IPC 438 is now BNS 327(2).

Punishment for the mischief described in section 437 committed by fire or explosive substance · BNS 327 brings it together with IPC 437.

Merged
92% of the old wording kept
Old · IPC 1860 · Ch. XVII
s. 438
Punishment for the mischief described in section 437 committed by fire or explosive substance
Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 2[imprisonment for life]. or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Text from the official India Code PDF
New · BNS 2023 · Ch. XVII
s. 327(2)of section 327
Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Text from India Code
Also in BNS 327
Old classification · CrPC First Schedule, for IPC 438
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for life, or imprisonment for 10 years and fine.
Triable byCourt of Session.
For an offence under the BNS, check the First Schedule of the BNSS.
Judgments on s. 438 IPCBNS 327 on India Code Source: NCRB section table
Related sectionsBNS 327 · Mischief with intent to destroy or m…IPC 437 · Mischief with intent to destroy or m…
IPC 437 · Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burdenIPC 439 · Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc

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