Arson comes under IPC section 436. It is a crime when a building or property is destroyed with any explosive substance or fire to cause damage. Arson is a serious crime as it can cause a threat to human life and the safety of the public. In this article, we will discuss more about Section 436 of the Indian Penal Code. We will also detail its importance and analyze the case studies and how they align with the legal system of our nation.
Section 436 of the Indian Penal Code
All criminal offences in Incomeomed are under the Indian Penal Code. The serious crime of arson also comes under the Indian Penal Code in Section 436. If a person consciously sets fire or uses explosive items to damage a property is arson. The property can be a dwelling or a place that is used to store items. This is a serious crime as human lives can be in danger if one commits this crime. It is not just about the dwelling or the place where things are stored. The safety of the public is also at risk if one commits this crime as explosive items are used deliberately to damage buildings. So this offence is considered a serious crime under section 436 of IPC.
Section 436 of IPC says that: Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The punishment for this non-bailable crime is imprisonment for life or 10 years with a fine.
Also read: Salient Features of Arbitration and Conciliation Act 1996
Major Elements of the IPC Section 436
Many elements come under section 436 of IPC including:
- The major element in this section is that the act of using fire or any explosive substance must be intentional. The arson must include the use of fire or any other explosive substances. It must be noted that accidental fires do not come under this section.
- Another main element in this section is that the person involved in this crime must have the intention to destroy or cause damage to the property. The property that has been damaged must be a human dwelling, a worship place or a place specifically used for the custody of the property.
- The type of property that comes under this section is human dwelling which is a residential building where people live. Another type of property under this section includes worship places such as temples, churches, and mosques. Another type of property that comes under this section includes any building used to store property or goods.
- The punishment for this serious crime can be imprisonment for life or imprisonment for up to 10 years with a fine. This punishment showcases the seriousness of the crime.
Legal Principles of Section 436
The main principle behind section 436 of the Indian Penal Code is the protection and safety of human life. This section also intends to safeguard properties from being destroyed by any type of explosive item or fire. Arson is a serious crime that can cause severe damage to properties. It is also a threat to human life. The punishment of imprisonment for life shows the seriousness of this crime. Dwellings, worship places, and storage buildings are included in the category of buildings so that the section covers all types of buildings. If fire or explosives are used in such buildings it can cause harm to the people.
Case Studies of Section 436 Indian Penal Code
Let us look into different cases that involved arson and Section 436 was invoked to punish the accused. The major cases are discussed below.
Anti-Sikh Riots 1984
The Anti-Sikh riots in 1984 is a famous case in India. This case led to the assassination of Indira Gandhi who was the Prime Minister of India at that time. Arson, violence, and looting were there in the Anti-Sikh riots that happened in 1984. Many properties consisting of human residential areas and religious buildings were set on fire in Delhi and other parts of North India. So many cases were registered under section 436 of the Indian Penal Code. Many sikh homes and gurudwaras were damaged in the Anti-Sikh riots in 1984.
In the Anti-Sikh riots in 1984 many cases were registered under section 436. The people who intentionally set fire to the homes and religious buildings were punished using section 436. The court said that the intention was not just to destroy the residential areas or worship places but also to harm a particular community. Many people were convicted under section 436 of IPC.
Also read : What is Habeas Corpus? Meaning, History, and Modern Use
Godhra Riots 2002
Many properties which include residential homes, shops, and many religious places were set on fire during the Godhra Riots in 2002. It was a major case in which the Gulbarg society in Ahmedabad was burned. Many people were killed and many houses were destroyed in that arson attack, for the people who were found guilty of arson were punished under section 436 of the Indian Penal Code.
The Best Bakery Case 2002
Best Bakery Case in 2002 is also related to the Gujarat riots. In this case, a bakery owned by a Muslim Family was set on fire. This resulted in the death of 14 people who were trapped inside the bakery. Section 436 was invoked to punish the accused for committing an intentional crime. Several individuals were convicted under section 436 in this crime. The building that was set on fire was a residential home and a business place. This was another major case related to section 436 of the Indian Penal Code. The court emphasized the intentional destruction of property and life of individuals during a communal riot.
Interpretation of Section 436 by the Judiciary
The courts all over the nation have given importance to the severity of the crimes under section 436 of the Indian penal Code. Arson is considered a non-bailable offence in India. It is also a cognizable offence where the police can arrest the accused person without out arrest warrant. Bail is not granted to the accused person’s cases which come under section 436 of the Indian Penal Code. The courts observe and study the circumstances and conditions which led to the act of arson. They also observe the intention of the accused behind the act to determine the appropriate punishment.
In cases where destruction occurred on a large scale such as communal riots Section 436 of the Indian Penal Code is usually invoked. The cases involving arson attacks that target religious areas and residential homes are considered serious crimes by the courts of India. The courts in India have made a strict stand on the cases involving arson which comes under section 436 of the Indian Penal Code.
The safety of the public and human lives is important. The cases involving arson are considered as a threat to public safety.
Other sections related to arson
The other sections related to arson are:
- Section 435 which deals with arson causing damaging property valued Rs. 100 or more
- Section 307 which details arson that is a direct threat to human life.
Impact of section 436
Section 436 of the Indian penal code has a significant impact on public safety.
- The law ensures that places of worship such as temples, gurudwaras, mosques, and churches are protected from destruction. The law protects the religious and cultural heritage of the nation.
- The strict penalties for arson attacks ensure the safety of the residents. The law ensures safety for the families and communities as those who target residential properties are punished under section 436.
- The section 436 safeguards property as the law protects the buildings with storage facilities
Challenges faced in the implementation of Section 436
The section 436 plays an important role in the arson attacks. However, there are also challenges in the implementation of section 436.
- There are chances that the provisions in section 436 are misused. There is a possibility of false accusations in case of arson attacks.
- The determination of the intent or knowledge of the accused individual can be challenging in arson attacks.
- The justice given to the victims of arson attacks can be delayed due to the lengthy trials.
- The identification of the perpetrators can be challenging in the case of large-scale arson attacks such as communal riots or mass violence.
The investigation of the arson attacks must be done on time to reduce the potential challenges. Public awareness can also be ensured that the citizens can be educated about the consequences of the arson attacks.
Defences Against Charges Under Section 436
The accused person can raise certain defences if the person is charged with section 436 under the Indian Penal Code.
- The accused can defend against the charge of Arson by proving that the act was accidental. The accused has to prove before the court the arson was accidental. Lack of intent can be considered as a defence against the charges under Section 436 of the Indian Penal Code.
- Another defence against the charges Under section 436 of the Indian Penal Code is Accidental fire. Demonstrating that the accident occurred due to some unforeseen circumstances can be a defence against Section 436. Some cases such as electric fault can be considered as a defence against section 436.
- The accused can defend by proving that the property that got attacked does not come under the categories of buildings that come under section 436. Abandoned or non-residential buildings do not come under the category of buildings under section 436.
- Another defence against the charges under section 436 can be by proving that the accused was not present at the scene of the crime.
Legal proceedings for section 436
The legal proceedings for section 436 of the Indian Penal Code include:
- The affected individuals should file an FIR with the police.
- The investigation is carried out by the police officials to gather evidences.
- The police will file a charge sheet if they can find evidence to support the claim.
- The pieces of evidence are arguments presented before the sessions court during the trial.
- The court will deliver a verdict based on the evidence. The court can give penalties to the convicts. The penalty can be lifetime imprisonment or imprisonment up to 10 years. The accused may also have to pay a fine with imprisonment according to the verdict.
Also read: What is Jurisprudence? Scope and Nature of Jurispredence
Conclusion
Section 436 in the Indian Penal Code is used in the cases of arson by law enforcement and the judicial system in India. The cases of arson are very serious as they involve the destruction of buildings such as residential areas, worship places, or goods storage areas. The strict punishment of the accused and the convicts by the courts shows the impact and seriousness of the case. Such cases have great potential as they can cause widespread damage to the properties.
Arson attacks are also a threat to human lives. Society should remain vigilant to such attacks and maintain the safety of the public. Arson is a crime that destroys the lives of people and their property. The law under section 456 is made to ensure that the convicts who intentionally do the crime face the consequences of their actions. This section also tries to ensure the safety of the buildings, properties, and human lives.