Updated on April 01, 2025 09:11:05 AM
Clause 326 of BNS defines the Mischief, Destruction and Tampering that is now replaced by Sections 430, 431 & 432 of Indian Penal Act .This Clause describe the penalties for a variety of offences, such as using explosive materials or causing property damage. This article explores the subtleties of the related bail procedures while assessing the seriousness of each offence. It aims to give an in-depth understanding of the legal procedures and consequences that regulate actions affecting property integrity under these legislative requirements by illuminating the legal aspects of Clause 326.
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Here, is an overview of Clause 326 of BNS given below:
| Offence | Mischief with Harm & Explosive |
|---|---|
| Clause under BNS | Clause 326 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 10 years or Fine or Both |
| Triable | Police station or Any Magistrate |
This Clause outlines several mischievous behaviours and the penalties that go along with them:
Clause 326(a): Reducing water availability for food, agriculture, or sanitation could lead to a fine of up to 5 years in jail, imprisonment, or both.
Clause 326(b): Any violation of public roads, bridges, or waterways that poses a threat to the public may result in 5 years imprisonment, a fine, or both.
Clause 326(c): There is a 5-year maximum sentence for flooding or impeding public drainage, as well as a fine.
Clause 326(d): There is a 7-year maximum sentence for destroying navigational signs or signals, as well as a fine.
Clause 326(e): There is a potential 1-year jail sentence, a fine, or both for moving or demolishing landmarks that have been fixed by public employees.
Clause 326(f): Willful use of explosives or fire to cause harm property, including agricultural produce, may lead to imprisonment up to 7 years and a fine.
Clause 327(g): Using fire or explosive substances to destroy buildings like places of worship or human dwellings may result in life imprisonment, imprisonment up to 10 years, a fine, or both.
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 mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front 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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The BNS's clause 326, which outlines the penalties for causing property damage, is essential for handling mischief-related charges. Given the seriousness of these accusations, it is imperative to carefully follow the bail process. Those accused under this section must obtain legal counsel to negotiate the complexity of the legal system, protect their rights, and defend the values of justice while striking a balance between the need for justice and the right to liberty.
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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