Indian Penal Code, 1860
Section 433
repealedMischief by destroying, moving or rendering less useful a light-house or sea-mark
Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Why this exists
Lighthouses, sea-marks, and buoys are essential navigational aids that help ships avoid dangerous waters, reefs, or shallow areas, and damaging them can endanger the lives of sailors and passengers, as well as valuable cargo. This section imposes one of the harsher punishments among the mischief provisions because interference with maritime safety infrastructure can lead to shipwrecks and loss of life. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 326.
How courts read it
Courts focus on whether the accused's act destroyed, moved, or rendered less useful a lighthouse, sea-mark, or buoy used to guide navigators, recognizing the serious risk to maritime safety that such interference poses, which justifies the higher maximum punishment compared to other mischief provisions.
Common misconceptions
- Myth: This section only applies to lighthouses themselves, not smaller markers like buoys.
Fact: This section covers lighthouses as well as any sea-mark, buoy, or other thing placed as a guide for navigators, not just lighthouses specifically.