Mischief under IPC
INTRODUCTION
In the easy term, mischief means that once someone causes damage to the other person or his property with an intention so he could suffer injury and wrongful loss to the general public. Mischief is simply like other offence there’s a guilty intention and an act. Each crime that is punishable under the Indian penal code has its 2 main necessities.
1. Mens Rea.
2. Actus Reus.
Mens Rea
Mens rea refers to the guilty mind or once there’s guilty or willful intention and knowledge of causing any damage to the opposite person or any criminal intent.
Actus Reus
Actus reus means that that involves physical action or guilty action.
However, we will say that mischief may be a criminal offence and it’s similar to criminal mischief and devilment. Therefore section 425 of IPC talks regarding the mischief.
Section 425
This section says that whoever with an intention or willful cause any wrongful loss and injury to the general public or any individual cause any destruction of any property or any such modification in any property or destroy or diminishes its worth or utility or affects injuriously, commit mischief.
Essentials of mischief
1. Intention and information of the act.
2. And which ends within the destruction of some property or any modification in it or in its situation.
3. which modification results in destroy or diminish the worth and utility or affects injuriously.
INTENTION AND INFORMATION OF THE ACT (MENS REA)
Mens rea is that the most significant part of any act constituting mischief. it’s not necessary that there should be any injury of harmful nature to represent an offence under this section however it needs the suspect ought to have an intention or information of inflicting injury to any property for wrongful loss to any individual.
TO CAUSE THE DESTRUCTION OF ANY PROPERTY OR ANY SUCH MODIFICATION WITHIN THE PROPERTY ETC.
It is necessary for this section that there should be the destruction of property or such modification in it that it destroys or diminishes the worth of the property or its utility.
Destroy or diminishes the worth of one thing like cutting of water pipes, damaging of crops etc.
Case
Indian oil corporation vs NEPC India Ltd. And Ors.
In this case, the defendant removed the engines of the aircraft so it diminishes its utility and leaving it useless. it had been held that the injury caused under this case satisfied all the ingredients of mischief. therefore the offence of mischief was established.
Section 426
This section states that whoever commits mischief or satisfied all the ingredients of mischief below section 425 he/she shall be punished with imprisonment according to the law for a term which may extend to three months, or with fine, or both.
Section 427
Whoever commits the associate offence of mischief by inflicting loss or injury to the number of fifty rupees or upward shall be punished with imprisonment prescribed by law for a term which may extend to 2 years, or with fine, or both.
Section 428
This section states that whoever commits mischief by killing, poisoning or maiming any animal of the worth of ten rupees or above shall be punishable with imprisonment for a term which may extend to two years, or fine or, both. This section prevents cruelty to animals.
Section 429
This section deals with the penalization for the killing or maiming of “cattle” that refers to an animal used for commercial purpose. The intention behind this section was to cause wrongful loss to the owner. any individual whoever commits mischief under this section shall be rebuked with imprisonment for a term that may extend to five years, or with fine, or both
Section 430
This section deals with the penalization of any act related to the wrongful diversion of water with the intention to cause damage to agricultural functions, or to food or drinks to human or animals, or for cleanliness, or to producing functions. any individual whoever commits mischief below this section shall be punished with imprisonment which can extend to 5 years, or with fine, or both.
Section 431
This section deals with penalization associated with the injury caused to public properties like road, river, channel, bridge etc. any individual whoever commits mischief under this section shall be punished with imprisonment which can be 5 years, or with fine, or both.
Section 432
This section deals with penalization related to injury caused to public avoidance by hindering or interference it with the intention of inflicting overflow. any individual whoever commits mischief under this section shall be punished with imprisonment which can extend to 5 years, or with fine, or both.
Section 433
This section deals with penalization related to injury caused to a sea-mark (example-Light-House) that results in it being less helpful to guide navigators. any individual whoever commits mischief under this section shall be rebuked with imprisonment which can extend to seven years, or with fine, or both.
Section 434
This section deals with penalization related to injury caused to a land-mark fixed by the authority of employee, or by an act etc. any individual whoever commits mischief below this section shall be rebuked with imprisonment which can be one year, or with fine, or both.
Section 435
This section deals with penalization associated with the injury caused by use of explosives or fireplace to an amount of rupees one hundred or a lot of (or rupees ten or a lot of just in case agricultural produce). any individual whoever commits mischief below this section shall be punished with imprisonment which can extend to seven years and shall even be liable to fine.
Section 436
This section deals with penalization related to injury caused by use of explosives or fireplace with the intention to destroy worship place, house etc. any individual whoever commits mischief below this section shall be punished with imprisonment which can extend to 10 years and shall also be liable to fine.
Section 437
This section deals with penalization associated with the injury caused to create unsafe a decked out vessel of a burden of twenty tons or on top of. any individual whoever commits mischief under this section shall be punished with imprisonment which can extend to 10 years and shall even be liable to fine.
Section 438
This section deals with mischief outlined in section 437 whenever there’s a use of fireside or explosives. any individual United Nations agency ever commits mischief under this section shall be punished with imprisonment which can be 10 years and shall even be liable to fine.
Section 439
This section deals with penalization related to try of stealing of a vessel. any individual whoever commits mischief below this section shall be punished with imprisonment which can extend to 10 years and shall even be liable to fine.
Section 440
This section deals with penalization related to mischief once preparation to cause damage, death or wrongful restraint. any individual whoever commits mischief under this section shall be punished with imprisonment which can extend to 5 years and shall even be liable to fine.
CONCLUSION
Mischiefs is done with an intention for causing any damage to the other party or try to stop the other person from enjoying their property by doing any act so that he/she may suffer injury or general public face inconveniency in their path. So for that, certain rules were made all type of mischief under the IPC.
