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”.
Explanations
- 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.
- 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 there by 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 causes 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’ crop. A has committed mischief.
IPC Section 425: Simplified Explanation
IPC Section 425 defines the offence of mischief. According to this section, a person commits mischief if they intentionally cause destruction or any change in a property that diminishes its value or utility or affects it injuriously. The essential elements of this offence include the intention to cause wrongful loss or damage to another person or the public and the actual result of diminished value, utility, or functionality of the property in question.
Is IPC Section 425 bailable?
IPC Section 425 is bailable. The offence typically involves property damage rather than direct physical harm to individuals, allowing for the possibility of bail under judicial discretion.
IPC Section 425 Punishment
The punishment for mischief under IPC Section 425 depends on the severity and circumstances of the act, as described in subsequent sections (e.g., IPC Sections 426 to 440). Generally, the basic punishment involves imprisonment of either description for a term extending to three months, with a fine, or with both. More severe mischief cases involving greater damage or endangering public safety attract harsher penalties.
Example of IPC Section 425
A real-life example of IPC Section 425 involved an individual who, out of a personal vendetta, damaged a neighbour’s neighbour’s car by scratching the paint and breaking the windows. The intention was to cause financial loss and inconvenience to the neighbour. The damage was discovered, and the individual responsible was reported to the police. He was arrested and charged under IPC Section 425 for mischief. In court, considering the extent of the damage and the intent to cause harm, he was sentenced to one month in prison and fined, reflecting the consequences of intentionally damaging someone else’s property.
