Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
IPC Section 440: Simplified Explanation
IPC Section 440 addresses the offence of committing mischief after making preparations to cause death, hurt, or wrongful restraint. This section is invoked when an individual, with the intent to commit mischief, has made arrangements or preparations that indicate a readiness to use deadly force or cause injury or restraint if necessary. The section recognizes the heightened danger and potential for harm when mischief is planned with the capacity for violence or severe physical harm.
Is IPC Section 440 bailable?
IPC Section 440 is non-bailable. The involvement of preparations to cause death, hurt, or wrongful restraint escalates the severity of the offence, requiring stringent judicial oversight before considering bail.
IPC Section 440 Punishment
The punishment under IPC Section 440 involves imprisonment of either description for a term which may extend to five years and also includes a liability to a fine. The significant penalties reflect the serious threat posed by combining mischief with preparations for violence or harm.
Example of IPC Section 440
A real-life example of IPC Section 440 involved a man who, in a dispute over land ownership, prepared to damage his neighbour’s property. He equipped himself with a firearm and several makeshift incendiary devices, intending to burn down the neighbour’s barn and threaten anyone who intervened. A concerned citizen alerted the authorities before he could carry out his plan. The man was arrested and charged under IPC Section 440 for preparing to cause significant harm while committing mischief. In court, he was found guilty and sentenced to four years in prison and fined, highlighting the severe legal consequences of planning mischief with the potential for deadly force or injury.
