Defacing Police Vehicles and Public Property in India: What BNS Section 324, the Public Property Act and Delhi's Defacement Law Say

Videos of political slogans spray-painted on police vehicles, buses and walls often go viral, along with calls to "book them under Section 425". Which laws actually apply, and what do they say? This explainer sets out the law in plain language. It does not concern any particular person: whether an offence was committed in a given case is for the police to investigate and the courts to decide.

From IPC Section 425 to BNS Section 324

The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) from 1 July 2024. The offence of mischief, defined in IPC Section 425 with punishments in Sections 426 to 440, is now consolidated in BNS Section 324 and the sections that follow it.

A common mix-up: IPC Section 425 only defined mischief; it did not prescribe punishment. Simple mischief was punishable under Section 426 (up to three months), and mischief causing damage of ₹50 or more under Section 427 (up to two years). The "two years under Section 425" often quoted online is really Section 427. For acts on or after 1 July 2024, the BNS applies.

What counts as mischief

Under BNS Section 324(1), mischief is committed by whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, destroys property or makes any change in it or its situation that destroys or diminishes its value or utility, or affects it injuriously. Two things must be shown:

• Intention or knowledge: the person intended, or knew it was likely, that the act would cause wrongful loss or damage.
• An effect on the property: it was destroyed, or changed so as to reduce its value or utility or to injure it.

Spray-painting a vehicle so that it has to be cleaned or repainted can, depending on the facts, meet this test. The amount of damage matters for the punishment.

Punishment under BNS Section 324

• Section 324(2), mischief: up to six months, or fine, or both.
• Section 324(3), loss or damage to any property, including property of the Government or a local authority: up to one year, or fine, or both.
• Section 324(4), loss or damage of ₹20,000 or more but less than ₹1 lakh: up to two years, or fine, or both.
• Section 324(5), loss or damage of ₹1 lakh or more: up to five years, or fine, or both.
• Section 324(6), mischief after preparing to cause death, hurt or wrongful restraint: up to five years and fine.

So defacing a government vehicle falls at least under Section 324(3), and the higher tiers apply if the cost of the damage is assessed above ₹20,000 or ₹1 lakh.

The Prevention of Damage to Public Property Act, 1984

This central law deals specifically with public property: property owned by, or in the possession or control of, the Central or State Government, a local authority, or a corporation, company or institution owned or controlled by the State. A police vehicle is public property.

• Section 3(1): mischief to public property is punishable with imprisonment of up to five years and fine.
• Section 3(2): for property used for water, light, power or energy, oil installations, sewage works, mines, factories, and public transport or telecommunications, the punishment is rigorous imprisonment of six months to five years and fine (a shorter term only for special reasons recorded by the court).
• Section 4: mischief to public property by fire or explosive substance carries rigorous imprisonment of one to ten years and fine.

Delhi's defacement law

The Delhi Prevention of Defacement of Property Act, 2007 targets graffiti and posters directly. Section 3 makes it an offence to deface property in public view by writing or marking with ink, chalk, paint or any other material, except to show the name and address of the owner or occupier. The punishment is imprisonment of up to one year, a fine of up to ₹50,000, or both, and Section 5 makes the offence cognizable, so the police can register an FIR. Courts have treated painted slogans and pasted pamphlets as defacement, but held that merely hanging a banner, with no writing or marking on the property, is not. Many other states have similar defacement laws.

Damage during protests: the Supreme Court's guidelines

In In re: Destruction of Public and Private Properties (2009) the Supreme Court laid down guidelines on fixing liability and compensation for damage to property during protests and agitations, and in Kodungallur Film Society v. Union of India (2018) it called for those guidelines to be enforced, including making organisers answerable for damage. The right to protest is protected; damaging property is not part of it.

What happens after a video goes viral

1. A complaint is made, or the police take note on their own; for a cognizable offence they can register an FIR.
2. Investigators verify the footage (where and when it was recorded, whether it is genuine and unedited) and identify the people in it.
3. The sections invoked depend on the facts: the property involved, the material used, the cost of the damage and the intent.
4. Political affiliation gives no immunity, and equally a social-media accusation is not proof. Everyone is presumed innocent until a court decides otherwise.

How a citizen can report defacement

• Report it at the nearest police station or through the police's online complaint service; in Delhi, Delhi Police accepts complaints online and through its helplines.
• Keep the original video or photographs with the date, time and place; do not edit them.
• Defacement of municipal property can also be reported to the local civic body.

Frequently asked questions

Which section of the BNS deals with defacing or damaging property?

Section 324 of the Bharatiya Nyaya Sanhita, 2023 (mischief), which replaced Sections 425 to 440 of the IPC from 1 July 2024. Its definition is the same as old IPC Section 425.

What is the punishment for mischief under BNS Section 324?

Up to six months, or fine, or both, for simple mischief; up to one year where the loss or damage is to any property, including Government or local-authority property; up to two years for loss of ₹20,000 to under ₹1 lakh; up to five years for loss of ₹1 lakh or more.

Does IPC Section 425 itself carry two years in jail?

No. Section 425 only defined mischief. Punishment was in Sections 426 (up to three months) and 427 (up to two years where the damage was ₹50 or more). Under the BNS both are now part of Section 324.

Is a police vehicle "public property"?

Yes. Under the Prevention of Damage to Public Property Act, 1984, property owned by or in the possession of the Central or State Government counts as public property, and mischief to it can be punished with up to five years and fine.

Is painting slogans on property an offence in Delhi?

Writing or marking on property in public view with ink, chalk, paint or similar material, other than the owner's name and address, is an offence under the Delhi Prevention of Defacement of Property Act, 2007: up to one year, a fine of up to ₹50,000, or both. The Act makes it cognizable.

Does a viral video prove that someone committed an offence?

No. A video can be evidence, but the police must verify it, identify those involved and establish the facts, and only a court can decide guilt. Everyone is presumed innocent until then.

This article is general information about the law, not legal advice. It does not comment on any particular case or person. For a specific situation, consult a lawyer.