Legal Provisions of Section 438 of Indian Penal Code, 1860.
Punishment for the mischief described in section 437 committed by fire or explosive substance:
When mischief as described in section 437 is committed by fire or explosive substance, the same is punishable under this section. The section states that whoever, either commits, or attempts to commit, mischief as described in section 437, by fire or by any explosive substance, shall be punished with imprisonment for life, or with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine.
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ADVERTISEMENTS:
The authors of the Code felt that mischief committed by fire or explosive substance is much more serious and deserved to be punished more severely than other cases of mischief. The same object is apparent in this section also. The section requires that the offender must either commit or attempt to commit such mischief as is described under section 437 by fire or by any explosive substance.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.