What is Section 430 IPC? Mischief by injury to irrigation work or wrongfully diverting water
Published on: Lawiz Team
Learn about Section 430 IPC: Mischief by injury to irrigation work or wrongfully diverting water
Official Legal Text
Whoever commits mischief by doing any act which causes a diminution of the supply of water for agricultural purposes, for food or drink for human beings or for animals, for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 430 punishes anyone who causes damage to any irrigation work or wrongfully diverts water, causing harm.
Purpose
To protect public and private irrigation systems from being damaged or misused.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 5 years, or fine, or both.
Key Elements
1. The act must involve damaging an irrigation system. 2. It may involve diverting water without permission. 3. It must cause harm to another person or their property.
Punishment Details
Imprisonment of either description for a term which may extend to five years, or a fine, or both.
Illustrative Example
If a person breaks a canal wall to divert water to their own field, they are punishable under Section 430.
Legal Defenses
If the accused can prove that the diversion was authorized, they may be acquitted.
Related Sections
Related to Section 431 (Mischief by injury to public road) and Section 426 (Punishment for mischief).
FAQs
What does Section 430 IPC define?
Mischief by injury to works of irrigation or by wrongfully diverting water.
How is 'Mischief by injury to works of irrigation or by wrongfully diverting water' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 430 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 430?
Examples include real-life cases involving mischief by injury to works of irrigation or by wrongfully diverting water.
Is Section 430 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 430 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 430 significant?
It holds importance in the framework of criminal law.