Section 326: Mischief to Water Supply, Bridges, Drainage, Landmarks, or Fire

Bharatiya Nyaya Sanhita • Chapter XVII: Of Offences Against Property • Official Statutory Text & Legal Guide

Chapter XVII: Of Offences Against Property
Magistrate 1st Class / Court of Session
Bailable (Sec 326-a to f) / Non-Bailable (Sec 326-g Arson to House)
Cognizable
Formerly Sec 430–436 IPC

Legal Commentary & Landmark Judgments: Section 326

Section 326 penalises aggravated mischief committed with respect to public water supply, public bridges, navigable rivers, public drainage, landmarks, or by fire and explosive substances.

  • Critical Public Infrastructure: Public canals, reservoirs, bridges, navigation marks, flood embankments, or survey pillars.
  • Means Employed: Sabotaging sluice gates, damaging flood dykes, or using fire or explosive substances.
  • Public Danger: Inundating agricultural land, cutting off drinking water, or endangering transportation.
Key Landmark Precedents:
  • M.C. Mehta v. Union of India (1987) 4 SCC 463: The Supreme Court emphasised that tampering with public water infrastructure and safety embankments warrants strict penal deterrence.
  • Babu Lal v. State of U.P. (1994) 1 SCC 688: Held that cutting canal bunds to flood a neighbor's standing crops constitutes aggravated mischief under this section.
Courtroom Practice & Strategic Litigation Guidance:

Irrigation and PWD engineer site logs, rainfall data, and elevation surveys will confirm whether flooding was caused by deliberate bund sabotage or natural overflow.