IPC Section 436

04 Jun 2025 --
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Section 436 IPC – Punishment for Mischief by Fire or Explosive Substance

Core idea:
Section 436 deals with arson—the act of intentionally or knowingly setting fire to someone else’s property that is used as a dwelling or for other purposes, causing danger to human life or property.

Essentially, it punishes people who damage houses or property by fire or explosives.

🔹 The Law (in essence)

Whoever commits mischief by:

Fire or

Explosive substance

with intent to destroy or knowing that it is likely to destroy a house, building, or any property used as a dwelling,

shall be punished under Section 436.

🔹 Punishment

Imprisonment: Up to 10 years, and

Fine.

Note: The severity depends on the intent, type of property, and danger caused.

🔹 Key Elements

To prove an offence under Section 436 IPC, the prosecution must establish:

Mischief by fire or explosive:

The accused set fire or used explosives to cause damage.

Property type:

Must be a house or building used for human dwelling, or property of significant value.

Intent or knowledge:

Intent to destroy property, or

Knowledge that destruction is likely.

Causation:

The act caused damage (even partial) to the property.

🔹 Examples

A sets fire to B’s house after a personal dispute. → Guilty under Section 436.

C throws a firecracker into a warehouse knowing it can cause major damage. → Section 436 applies.

D accidentally drops a matchstick that causes a small fire, but there was no intent or knowledge. → Not guilty under Section 436; may attract negligent mischief under Section 425 IPC.