Indian Penal Code, 1860
Section 432
repealedMischief by causing inundation or obstruction to public drainage attended with damage
Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Why this exists
Public drainage systems protect communities from flooding and waterlogging, and deliberately or knowingly interfering with them can cause widespread harm to homes, roads, and public health. This section imposes a stricter punishment than ordinary mischief because such interference threatens public infrastructure and collective safety rather than just individual property. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 326.
How courts read it
Courts require proof that the act caused, or was known to be likely to cause, an inundation or obstruction of public drainage that resulted in actual injury or damage, distinguishing this from general mischief affecting purely private property.
Common misconceptions
- Myth: This section only applies to major government drainage infrastructure projects.
Fact: It applies broadly to any public drainage system, including local storm drains in neighborhoods, as long as the obstruction or flooding caused actual injury or damage.