Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of mischief
Section 440: Mischief committed after preparation made for causing death or hurt
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 440
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Ramji Prasad Jaiswal @ Ramjee Prasad Jaiswal and Ors. v. State of Bihar
Whether in the facts of the case there was a breach of s.313, CrPC causing prejudice to the appellants and vitiating the trial against them.
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Gurmeet Kaur v. Devender Gupta & Another
Issue arose whether the appellant while discharging her duty as a public servant on the relevant date, there was any excess in the discharge of the said duty which did not require the first respondent to take a prior…
- State of Madhya Pradesh v. Gangabishan @ Vishnu & Ors.