What is Section 438 IPC? Punishment for the Mischief Described in Section 437 Committed by Fire or Explosive Substance
Published on: Lawiz Team
Learn about Section 438 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits, by fire or any explosive substance, any mischief described in the last preceding section, 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 438 punishes anyone who commits mischief under Section 437 (destroying or damaging a vessel) using fire or explosive substances.
Purpose
To ensure stricter punishment for those who destroy or damage large vessels using fire or explosives.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine.
Key Elements
1. The offence must involve mischief to a vessel. 2. The vessel must be decked or have a capacity of twenty tons or more. 3. The damage must be caused by fire or explosive substances.
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 a ship's engine room, causing it to burn, they are punishable under Section 438.
Legal Defenses
If the accused can prove that the fire was accidental or authorized, they may be acquitted.
Related Sections
Related to Section 437 (Mischief to vessel) and Section 436 (Mischief by fire to a house).
Important Note
This section applies only when the damage is caused by fire or explosive substances.
FAQs
What does Section 438 IPC define?
Punishment for the mischief described in section 437 committed by fire or explosive substance.
How is 'Punishment for the mischief described in section 437 committed by fire or explosive substance' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 438 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 438?
Examples include real-life cases involving punishment for the mischief described in section 437 committed by fire or explosive substance.
Is Section 438 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 438 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 438 significant?
It holds importance in the framework of criminal law.