Legal Provisions of Section 434 of Indian Penal Code, 1860.
Mischief by destroying or moving, etc., a land-mark fixed by public authority:
Mischief by destroying or moving etc. a land-mark fixed by public authority has been made a punishable offence under this section. The section states that whoever commits mischief by either destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with simple or rigorous imprisonment for a term extending up to one year, or with fine, or with both.
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The section requires commission of mischief by destroying or moving a land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such. Whereas the preceding section deals with similar offence with respect to light-house or a sea-mark, the present section deals with land-marks. Since the consequences in the former case may be disastrous, the same has been punished with more severity in comparison to the offence under this section.
In a case under this section it is not a good defence to say that the land bearing the land-mark was under the possession of the accused. Where the accused innocently removed a barricade placed by the municipality on a piece of land in front of his house so that his movement in and out of the house were not hampered, it was held that he had not committed the offence under this section.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by any magistrate.