Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes 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 damage 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 voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
- A introduces water in to an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
- A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
- 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 of thus causing damage to Z. A has committed mischief.
- 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.
- A cause 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.
- A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
- 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.
Meaning
Section 425 of the Indian Penal Code (IPC) establishes mischief as the destruction or alteration of property with the intent to injure or cause wrongful damage. Overall, this provision serves as a deterrent against any wrongful act against property of others, for the benefit of the public or private property and the intent of the law is to ensure that no person will injure another’s interests by damaging their property.
The crux of mischief, relates to the intention or knowledge of the offender. The law is more concerned with the loss or damage to a no-profit, than the gain made from the loss or damage committed by the offender.
Definition and Context
Section 425 of the IPC states as follows: Whoever causes wrongful loss, or knowing that you are likely to cause wrongful loss or damage to the public or to any person, destroys or alters property in such a manner as to diminish its value, utility or injuriously affects it, is said to have committed mischief.
Thus, we know:
- Intention or knowledge, that may lead to wrongful loss is essential;
- The act must involve property, movable or immoveable;
- There must be an outcome that the act committed the property was destroyed, diminished in value, or affect it injuriously.
Key Definitions in the Law
- Definition 1 – The intent to injure the owner of the property is not required. Destruction or change to property by the perpetrator constitutes mischief if any person suffers a wrongful loss due to the destruction or change.
- Definition 2 – There can be mischief against one’s own property if the property is jointly owned by the perpetrator and another, or if the destruction or change affects the interest of another person.
Thus, mischief is broader than just damaging “others’ property” as mischief includes a unilateral action even when a party destroys their own property, solely to injure their creditors, insurers or joint property owners.
Essential Ingredients of Mischief
In order for the offence to be proven, there are some essential ingredients that must be present:
- Act of destruction or change: The offender must destroy, change, or alter the property in a way to reduce its value or usefulness.
- Property: The property can belong to another person, or even it can belong to the offender jointly with another person.
- Intent or knowledge: The offender must have the intent or at the very least, know that wrongful loss or wrongful damage is likely to occur.
- Wrongful loss or damage: There must be wrongful loss or damage or wrongful loss to another person.
Illustrations
- The Indian Penal Code (IPC) provides a number of illustrations to identify nuisance:
- Burning a valuable security (a): If A uses fire to burn a valuable document in the possession of Z, the element of wrongful loss is evident.
- Causing ice to melt (b): Putting water into a house of ice causes the property to lose its utility.
- Throwing a ring into a river (c): the ring is not destroyed but its loss by Z is mischief.
- Destruction of own effects before execution (d): Mischief consist of destruction.
- Sinking a ship for which insurance is held (e, f) – To ruin a ship that is owned, is mischief if the intention is to hurt an insurer or creditor.
- Killing a horse owned jointly with another (g) – Misleading an owner of horse that in fact he co-owns, makes mischief on harming an owner.
- Permitting cattle to eat crops in another’s field (h) – deliberately damaging agricultural crops constitutes mischief.
These examples represent that mischief extends beyond destruction.
Punishment
The punishment for mischief is contained in Section 426 IPC. Typically, punishment is:
- Up to 3 months imprisonment, or
- Fine, or
- Both.
However, if mischief causes more serious consequences, (such as to causing waste to public property, or, machinery or, crops) some specific aggravated forms under subsequent sections (427-440 IPC) can provide for more severe punishments.
Importance of Section 425
Section 425 not only protects ownership rights, but, it also protects a person’s economic and social interests. If, for instance, someone damage property that is covered by insurance or tampered with a crop that, like crops need time to grow, or ruined certain documents for security purposes, the comprehensive damage that occurs is sometimes more than what can be recovered from damages. By making mischief a crime, the IPC protects property rights and also protects a person’s economic interests against malicious acts.