Updated on December 27, 2024 12:38:37 PM
Clause 324 of BNS defines the offence of “Mischief”, which has been replaced by Sections 425, 426 and 427 of Indian Penal Code . Mischief sounds very generic but it is also a punishable offence if it is done intentionally and someone’s property is damaged due to this behaviour. For the offence of Mischief, the accused can get imprisonment and panalities as well. Here, the accused can get bail with a promise to be available during trial.
However, the accused cannot found guilty until they found guilty only after they have been convicted in a court of law. If the accused is found guilty, they can be sentenced to a jail term, a fine, or both. The accused can also receive other punishments such as community service. In this article, we will go through the complete explanation of the Mischief according to Clause 324 of BNS, punishments, penalties and bail provision. Join us to understand the legal terms to comprehend the practical consequences.
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Here, is an overview of Clause 324 of BNS given below:
| Offence | Mischief |
|---|---|
| Clause under BNS | Clause 324 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 6months/2 years/5 years or Fine or Both |
| Triable | Police station or Any Magistrate |
Clause 324 of BNS clearly defines that - “Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.”
There are different penalties for mischief depending on how much is lost or damaged. For minor offences, there may be a six-month maximum punishment for both jail time and fine. The punishment can go up to a year if the mischief causes loss or damage to any property, including that of the government or local governments. In addition, two years in prison are imposed for any loss or damage between twenty thousand and one lakh rupees. The punishment can go up to five years for amounts larger than one lakh rupees, highlighting how serious the offence is.
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it is a bailable offence the accused has to approach on the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation infront of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Mischief is addressed by clause 324, which establishes both punitive measures and a bail procedure. As a result of the legal provision, mischief-related crimes are treated as serious offenses by stipulating appropriate punishments. A fair and just legal process is also ensured by the outlined bail procedure. Clause 324 emphasizes the importance of maintaining societal order while respecting the rights of the accused, striking a balance between accountability and due process.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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