IPC § 438 · Indian Penal Code, 1860 · Repealed on 1 July 2024
Section 438 IPC — Punishment for the mischief described in section 437 committed by fire or explosive substance
Replaced from 1 July 2024 by BNS 327(2) of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.
The law now: BNS 327 — Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
BNS 327(2) is the part that replaced IPC 438.
(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 327 in full