Punishment for Mischief in India – Section 426 of IPC:
Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
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ADVERTISEMENTS:
Scope and Application of This Section:
This section prescribes the punishment for the offence of mischief defined in the preceding section.
In case of mischief, the master cannot be held vicariously liable for any damage caused by his servant. Where the driver driving a lorry with defective brakes knew that he was likely to cause damage to any person though there could not be any damage to any particular person, the section would apply.
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Section 427 of IPC – Mischief causing damage to the amount of fifty rupees:
Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Ingredients of Offence:
The essential ingredients of the offence under Section 427 are as follows:
ADVERTISEMENTS:
(1) Accused committed mischief;
(2) Such mischief caused loss or damage amounting not less than Rs. 50.
(iii) Mischief by killing, poisoning, rendering useless, animal of the value of Rs. 10 or upwards—Imprisonment as under Section 427 (Section 428).
(iv) Mischief by killing, maiming cattle, etc., of any value or any other animal of the value of Rs. 50 or upwards—Imprisonment upto 5 years or fine or both (Section 429).
(v) Mischief by- destroying, or moving or rendering less useful a lighthouse or sea-mark or by exhibiting false lights—Imprisonment of either description upto seven years or fine or both (Section 433).
(vi) Mischief by destroying, moving, or rendering less useful any land mark fixed by authority of a public servant —Imprisonment of either description upto one year or fine or both (Section 434).
(vii) Mischief by fire or explosive substance with intent to cause damage to the amount of Rs. 100 or upwards (or in case of agricultural produce Rs. 10 or upwards—Imprisonment of either description upto 7 years and fine (Section 435).
(viii) Mischief by fire or explosive substance with intent to destroy any building used as a place of worship or human dwelling, or as a place for the custody of property—Imprisonment of either description upto 10 years and fine (Section 436).
Definition of Mischief – Section 425 of IPC
Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, cause the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.
Explanation 1:
It is not essential to the offence of mischief that the offender should intend to cause loss or damages to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2:
Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Illustrations:
(a) A voluntarily burns a valuable security belonging to Z, intending to cause wrongful loss to Z, A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into river a ring belonging to Z with the intention of thereby causing loss to Z. A has committed mischief.
(d) A knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and thus causing damage to Z. A has committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away with the intention of causing damage to the underwriters A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.