Indian Penal Code, 1860
Section 430
repealedMischief by injury to works of irrigation or by wrongfully diverting water
Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, 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
Water is essential for agriculture, health, and industry, and disruptions to its supply can affect entire communities, not just individuals. This section recognizes that deliberately or knowingly interfering with water supply causes especially serious harm, justifying a stricter punishment than ordinary mischief involving simple property damage. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 326.
How courts read it
Courts require proof that the accused's act caused or was known to be likely to cause a reduction in water supply for one of the specified essential purposes, agriculture, drinking or food use for humans or animals, cleanliness, or manufacturing, distinguishing this from general mischief under the earlier sections.
Common misconceptions
- Myth: This section only applies to large-scale water disputes involving government infrastructure.
Fact: It applies broadly to any act causing or likely to cause a reduction in water supply for the listed essential purposes, whether the dispute is between individual farmers, villagers, or larger entities.