What is Section 436 IPC? Mischief by Fire or Explosive Substance with Intent to Destroy House, etc.
Published on: Lawiz Team
Learn about Section 436 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, 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.
What This IPC Section Means – Explained in Simple Words
Section 436 punishes anyone who commits mischief by fire or explosive substance with the intention to destroy a house, building, tent, or vessel used as a place of residence or for storage.
Purpose
To protect residential and storage properties from being destroyed by fire or explosive substances.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine.
Key Elements
1. The act must involve fire or explosive substances. 2. The target must be a house, building, tent, or vessel used for residence or storage. 3. The intention must be to destroy the property.
Punishment Details
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine.
Illustrative Example
If a person sets fire to another's house to cause destruction, they are punishable under Section 436.
Legal Defenses
If the accused can prove that the fire was accidental or caused by natural forces, they may be acquitted.
Related Sections
Related to Section 435 (Mischief by fire) and Section 438 (Mischief by fire to a vessel).
Important Note
This section applies only when the target is a place of residence or storage.
FAQs
What does Section 436 IPC define?
Mischief by fire or explosive substance with intent to destroy house, etc..
How is 'Mischief by fire or explosive substance with intent to destroy house, etc.' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 436 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 436?
Examples include real-life cases involving mischief by fire or explosive substance with intent to destroy house, etc..
Is Section 436 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 436 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 436 significant?
It holds importance in the framework of criminal law.