The punishment of imprisonment for life can be awarded for which of th

The punishment of imprisonment for life can be awarded for which of the following offences?

1. Mischief by fire to destroy a building used as a place of worship
2. Mischief by explosive substance to destroy a human dwelling house

Select the correct answer using the code given below.

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC CISF-AC-EXE – 2024

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The correct answer is C as both listed offences can be punished with imprisonment for life under the Indian Penal Code, 1860.

– Statement 1: Mischief by fire to destroy a building used as a place of worship. While Section 436 of IPC specifically mentions destruction of a human dwelling or a place for custody of property by fire/explosive with life imprisonment, Section 438 applies the punishment of Section 436 to mischief by fire or explosive substance intending to cause damage to any property, provided the mischief is punishable under Section 435 (mischief causing damage of Rs. 100 or more, or Rs. 10 or more in case of agricultural produce). Destruction of a building by fire is mischief causing significant damage, falling under Section 435. Section 438 states that whoever commits such mischief by fire/explosive and *commits thereby mischief punishable under section 436*, shall be punished with life imprisonment or 10 years + fine. This phrasing is interpreted to mean that if the *nature* of the mischief (destruction of a building by fire/explosive) is of the degree contemplated by Section 436, the punishment under 436 applies even if the property is not a dwelling or custody place, provided it falls under Section 435. Thus, destroying a place of worship by fire can be punishable with life imprisonment under Section 438 read with Section 436.
– Statement 2: Mischief by explosive substance to destroy a human dwelling house. Section 436 of IPC directly covers “mischief by fire or any explosive substance… intending to cause… the destruction of any building which is ordinarily used as a human dwelling”. The punishment prescribed is imprisonment for life, or rigorous imprisonment for up to ten years, and fine.

Section 435 IPC deals with mischief by fire or explosive substance causing damage of a specified amount (₹100 or more) to any property, punishable with imprisonment up to 7 years. Section 436 deals with a graver form targeting human dwellings or places of custody of property. Section 438 extends the severe punishment of Section 436 to other types of property when the mischief is committed by fire or explosive substance causing damage above the threshold mentioned in Section 435. Therefore, destruction of a place of worship (a building) by fire falls under Section 438 read with 436, and destruction of a human dwelling by explosive substance falls directly under Section 436, both carrying potential life imprisonment.

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