LAW RELATING TO MISCHIEF: AN OVERVIEW
Introduction
Sections 425 to 440 of the Penal Code lay down the law relating to ‘mischief’. Section 425 defines the offense of mischief, while s 426 provides punishment therefor. The succeeding 14 sections cover the aggravated forms of mischief differing in terms of punishment, depending on the value of the wrongful loss or damage of the property. the code recognizes the following as equally aggravating:
(1) Value of the property destroyed (ss 427- 429);
(2) Mode of mischief, by killing, poisoning by fire or explosives, or after preparation to cause hurt (ss 428 and 440);
(3) Utility of the subject of mischief, eg public roads, bridges, rivers, channels, or works of irrigation (ss 430 and 431), houses (s 436), ships (s 437), etc;
(4) Probable consequences of mischief—by the destruction of land-marks, light-houses, etc (ss 432 and 433).
What is Mischief?
Any person with the intent to cause or malicious cause some destruction or damage to any property, destroying or diminishing its value and utility, hence, resulting in an undue loss or damage to the public or any person is said to commit mischief.
Mischief is based on the principle enunciated in the maxim ‘sic utere tuo ut allenum non leadas’ which means “use your property, so as not to injure your neighbor’s property”.
An essential ingredient of mischief
- Intention or knowledge of causing damage or wrongful loss to the public or any person (Mens rea)
- Destroying some property or any change in it.
- Such change must destroy or diminish its value or utility.
Intention or knowledge to cause damage or wrongful loss
The intention referred to here is the real & not a hypothetical intention, thus the mere fact of loss or damage by itself is not sufficient to cause mischief unless the offender intends to cause wrongful loss or damage to any person or property. even if there is no intention, but there is the knowledge that his actions will cause some wrongful loss or damage then such an act falls under the definition of mischief
Jambulingam Pillai v Ponnuswami Pillai, where the accused believed in good faith that he had a right to do what he did, even if in law he did not have that right, it was held that he lacked the intention or knowledge that he was likely to cause wrongful loss or damage.
- Destroying some property or any change in it
The essence of the offense of mischief is that the perpetrator must cause the destruction or change in character, composition, or form. The term ‘change’ used in s 425 means a physical change in composition or form of property. It contemplates physical injury to property from a physical cause.
Destroys or Diminishes Value or Utility, etc
The expression ‘change in a property to destroy or diminish its value or utility does not necessarily mean a change in character, composition, or form. In Byomkesh Bhattacharya v Lakshmi Narayan Dutta: The high court elaborated on what constitutes a change in property such that it diminishes its value as follows: The expression ‘change in a property to destroy or diminish its value or utility does not necessarily mean a change in character, composition or form. If something is done to the property contrary to its natural use and serviceability that destroys or diminishes its value or utility, it will amount to mischief.
Illustrations
- A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
- A voluntarily throws into a river a ring belonging to Z, intending to thereby cause wrongful loss to Z, A has committed mischief.
- A causes cattle to enter 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.”
Punishment for Mischief
Section 426 provides Whoever commits mischief shall be punished with imprisonment either description for a term which may extend to three months, or with fine, or with both.”
In Gopi Naik v. Somnath, the accused had cut the water pipe connection of the complainant. The court held that the accused was guilty of the offense of mischief, as he had diminished the accused was guilty of the offense of mischief, as he had diminished the value of the property.
In Arjuna v. State, the accused damaged the standing crops grown by the complainant on the land belonging to the government. the court was convicted for the offense of mischief by sending his cattle to graze on the land of government which is cultivated by the complainant.
Nature: the offense under this section is non – cognizable, bailable, compoundable
only when the loss or damage is caused to a private person, otherwise it is non-compoundable & is triable by any magistrate.
Aggravated Forms of Mischief
Aggravated forms of mischief are based on :(i) the value of the damage caused; (ii) the nature of property damaged; (iii) the method adopted to cause damage; & (iv) other criminal motives influencing the act etc.,
- Aggravated forms based on the value of the damage caused
- Mischief causes damage to the amount of fifty rupees.
Section 427 provides punishment for any person who commits mischief by damaging the amount to Rs 50 or more will be subject with imprisonment either description for a term which may extend to 2 years or with fine, or with both
Nature: the offense under this section is non – cognizable, bailable, compoundable
only when the loss or damage is caused to a private person, otherwise it is non-compoundable & is triable by any magistrate
- Aggravated Forms of Mischief based on the nature of property Damaged
- Mischief by killing or maiming an animal of the value of ten rupees or more.
Section 428 provides punishment for any person who commits mischief by killing, poisoning, or maiming any animal or animal of the value of Rs 10 or more. shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Nature: the offense under this section is cognizable, bailable, compoundable
when permission is given by the court & is triable by a first-class magistrate.
- Mischief by killing or Maiming cattle, etc., of any value or any animal of the value of fifty rupees.
Section 429 provides punishment for mischief by killing, poisoning, maiming, or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow, or ox, whatever may be the value thereof or any other animal of the value of Rs 50 or more, shall be subject with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Nature: the offense under this section is cognizable, bailable, compoundable
when permission is given by the court & is triable by a first-class magistrate.
- Mischief concerning supply & public works
- Mischief by injury to works of irrigation or by wrongfully diverting water.
Section 430 provides punishment who intends to prevent a diminution in the supply of water for agriculture or for drinking purpose for human beings & animals with imprisonment either description for a term which may extend to five years, with a fine, or both.
Nature: the offense under this section is cognizable, bailable, non-compoundable & is triable by a first-class magistrate.
- Mischief by injury to public road, bridge, river, or channel.
Section 431 punishes mischievous injury to a public road, bridge, river, or channel, natural or artificial, impassable or less safe for traveling or conveying property, shall be subject to punishment with imprisonment for a term which may extend to five years, or with a fine, or with both.
Nature: the offense under this section is cognizable, bailable, non-compoundable & is triable by a first-class magistrate.
- Mischief by causing inundation or obstruction to public drainage attended with damage.
Section 432 deals with mischief to any public drainage by an act that causes or is likely to cause an obstruction or inundation resulting in an injury or damage shall be subject to punishment with imprisonment for a term which may extend to five years, or with a fine, or with both.
Nature: the offense under this section is cognizable, bailable, non-compoundable & is triable by a first-class magistrate.
- Mischief by destroying, moving, or rendering less useful a light-house or sea-mark.
Section 433 deals with the destruction of sea marks or lighthouses. Sea-marks are very important in navigation. Any tampering with, or destruction of, such marks would lead to disastrous results. shall be subject to punishment with imprisonment for a term which may extend to seven years, or with fine, or with both.
Nature: the offense under this section is cognizable, bailable, non-compoundable & is triable by a first-class magistrate.
- Mischief by destroying or moving, etc, is a landmark fixed by public authority.
Section 434, which is complementary to s 433, deals with the destruction or moving of landmarks fixed under the authority of a public servant. The removal of landmarks confuses boundaries and the confusion of boundaries leads to confusion of titles, litigation & riots. Shall be subject to punishment with imprisonment for a term which may extend to one year, or with fine, or with both.
Nature: The offense under this section is non-cognizable, bailable, non-compoundable, and triable by any Magistrate.
- Aggravated Forms of Mischief based on the method adopted to cause damage – arson
- Mischief by fire or explosive substance with intent to cause damage to the amount of one hundred or (in case of agricultural produce) ten rupees.
Section 435 prescribes punishment for mischief
fire or explosive substance with aware of his act likely to cause damage to any property of agriculture produce of the value of Rs 10 or more, or any other property if the damage is caused is valued at least Rs. 100. Shall be with imprisonment of either description for a term which may extend to seven years and shall also be liable to a fine.
Nature: the offense under this section is cognizable, bailable, non-compoundable & is triable by a first-class magistrate.
- Mischief by fire or explosive substance with intent to destroy the house, etc.
Section 436 deals with the mischief committed by fire or any explosive substance, but specifically applies when the damage is caused to any building which can be a house, a place of worship as a human dwelling, or a place for the custody of property. shall be with imprisonment punished for a term which may extend to ten years, and shall also be liable to a fine.
Nature: the offense under this section is cognizable, non-bailable, non-compoundable & is triable by the court of session.
- Mischief with regard to docked vessels
- Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.
Section 437 deals with mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Nature: the offense under this section is cognizable, non-bailable, non-compoundable & is triable by the court of session.
- Mischief to Decked Vessel by Fire or Explosive Substance.
Section 438 provides for punishment for the mischief to decked vessel by fire or explosive substance shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Nature: the offense under this section is cognizable, non-bailable, non-compoundable & is triable by the court of session.
- Aggravated forms of mischief based on other criminal motives influencing the act.
- Intentionally running the vessel aground or ashore.
Section 439 provides for the punishment for intentionally running the vessel aground or ashore with intent to commit theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Nature: the offense under this section is cognizable, non-bailable, non-compoundable & is triable by the court of session.
- Mischief committed after having made preparation for causing death or hurt.
Section 440 deals with mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or wrongful restraint, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.
Nature: the offense under this section is cognizable, bailable, non-compoundable & is triable by a magistrate of the first class.
Reference
1.S.R.Myneni, Law Of Crimes ( Indian Penal Code, 1860), (Asia Law House, Hyderabad, 2009).
- Dr.K.I.Vibhute, PSA Pillai’s Criminal Law,(LexisNexis,Haryana,12th ed.,2014).
Author: Gururaj G Udagi,
Karnataka State Law University, 3rd year Student