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.
Explanation
Section 427 of the Indian Penal Code (IPC) deals with a more serious form of mischief. IPC Section 425 generally defines mischief, while Section 427 applies to a mischief-related activity where damages exceeded ₹50 (in terms of property loss). The purpose of this section is to ensure that offenders are punished more severely for loss of property when the losses were significant.
Specifically:
- The offender must commit mischief as defined in Section 425.
- The damage must exceed ₹50.
- The offender may be punished with imprisonment of up to two years, or fine, or both.
Essential Ingredients
To establish the offence under Section 427, there are three components that must be established:
- Commission of mischief – The offender either destructed, altered, or diminished the degree of property.
- Extent of damage – The loss caused must be equal or greater than ₹50.
- Mens rea (intention/knowledge) – The offender either intended or knew that the wrongful loss was likely.
Punishment
The punishment for Section 427 is not the same as the general punishments for mischief (which is a maximum of 3 months), Section 427 increases the liability of imprisonment by a greater degree of 2 years because the loss is a financial amount.
Examples
- Breaking the glass windows of a shop and causing damage in the amount of ₹500, is an offence under Section 427.
- A person who intentionally damaged agricultural equipment worth ₹2,000, is also a crime under this section.
IPC Section 427 was designed to deal with mischief in the form action that reduces significant amount of property. It also attempts to create accountability and increase the range and means to impose a stricter punishment on offenders who had made a significant economic loss.