Legal Provisions of Section 440 of Indian Penal Code, 1860.
Mischief committed after preparation made for causing death or hurt:
This section punishes mischief committed after preparation is made for causing death or hurt etc. It says that whoever commits mischief after having made preparation to commit death, hurt or wrongful restraint of any person, or after having made preparation for causing to any person fear of death, or of hurt, or of wrongful restraint, shall be punished with simple or rigorous imprisonment for a term extending up to five years, and shall also be liable to fine.
ADVERTISEMENTS:
The section requires that mischief must be committed after making preparation to cause death, hurt or wrongful restraint of any person or after making preparation for causing fear of death, fear of hurt, or fear of wrongful restraint to any person. The section nowhere says that any of the offences stated above must be committed or attempted; only the preparation of any of these is necessary.
The offence under this section is congnizable, bailable and non-compoundable, and is triable by magistrate of the first class.
Of Criminal Trespass
ADVERTISEMENTS:
This last part of the chapter on offences against property concerns with criminal trespass. It is dealt with under sections 441 to 462, both inclusive. This sub-chapter is mainly concerned with criminal trespass, house trespass and house breaking and different forms predominantly of the latter two.