IPC Section 436
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.
🔹 Related Sections
Section 435 IPC: Mischief by fire or explosive with intent to destroy property other than a dwelling (general property).
Section 438 IPC: Mischief by fire in public places (general prevention measures).
Section 307 IPC: Attempt to murder if fire causes danger to life.
Section 436 vs 435:
436 → Dwelling houses / property used as dwelling.
435 → Other property (shops, offices, factories).
🔹 Quick Recap
Section 436 IPC = Arson / mischief by fire or explosives on dwelling property.
Key element: Intent or knowledge of likely destruction.
Punishment: Up to 10 years imprisonment + fine.
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