THE INDIAN PENAL CODE, 1860
CONTENTS
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
OF MISCHIEF
425. Mischief
427. Mischief
causing damage to the amount of fifty rupees
428. Mischief
by killing or maiming animal of the
value of ten rupees.
429. Mischief
by killing or maiming cattle, etc., of any value or any animal of the value of fifty
rupees
430. Mischief
by injury to works of irrigation or by wrongfully diverting water
431. Mischief
by injury to public road, bridge, river or channel
432. Mischief
by causing inundation or obstruction to public drainage attended with damage
433. Mischief
by destroying, moving or rendering less useful a light-house or sea-mark
434. Mischief
by destroying or moving, etc., a land mark fixed by public authority
436. Mischief
by fire or explosive substance with intent to destroy house, etc.
437. Mischief
with intent to destroy or make unsafe a decked vessel or one of twenty tons
burden
438. Punishment
for the mischief described in section 437 committed by fire or explosive
substance
439. Punishment
for intentionally running vessel aground or ashore with intent to commit theft,
etc.
440. Mischief
committed after preparation made for causing death or hurt
OF OFFENCES AGAINST PROPERTY
OF MISCHIEF
425. Mischief.
—Whoever with intent to cause, or knowing that he is likely to
cause, wrongful loss or damage to the public or to any person, cause 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) A voluntarily burns a valuable security belonging
to Z intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house
belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A
has committed mischief.
(c) 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.
(d) 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.
(e) A, having insured a ship, voluntarily
causes the same to be cast away, with the intention of causing damage to the
under-writers. A has committed mischief
(f) 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.
(g) A, having joint property with Z in a horse,
shoots the horse, intending thereby to cause wrongful loss to Z. A has
committed mischief.
(h) 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.
426. Punished
for mischief. —Whoever commits mischief shall be punished with
imprisonment of either description for a term which may extend to three months,
or with fine, or with both.
427. Mischief
causing damage to the amount of fifty rupees. —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.
428. Mischief
by killing or maiming animal of the value of ten rupees. —Whoever
commits mischief by killing, poisoning, maiming or rendering useless any animal
or animals of the value of ten 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.
429. Mischief
by killing or maiming cattle, etc., of any value or any animal of the value of
fifty rupees. —Whoever commits 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 fifty rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend
to five years, or with fine, or with both.
430. Mischief
by injury to works of irrigation or by wrongfully diverting water.—Whoever
commits mischief by doing any act which causes, or which he knows to be likely
to cause, a diminution of the supply of the water for agricultural purposes, or
for food or drink for human beings or for animals which are property, or
cleanliness or for carrying on any manufacture, shall be punished with
imprisonment of either description far a term which may extend to five years,
or with fine, or with both.
431. Mischief
by injury to public road, bridge, river or channel. —Whoever commits
mischief by doing any act which renders or which he knows to be likely to
render any public road, bridge, navigable river or navigable channel, natural
or artificial, impassable or less safe for traveling or conveying property,
shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
432. Mischief
by causing inundation or obstruction to public drainage attended with damage. —Whoever
commits mischief by doing any act which causes or which he knows to be likely
to cause an inundation or an obstruction to any public drainage attended with
injury or damage, shall be punished with imprisonment of either description for
term which may extend to five years, or with fine, or with both.
433. Mischief
by destroying, moving or rendering less useful a light-house or sea-mark. —Whoever
commits mischief by destroying or moving any light-house or other light used as
a sea-mark or any sea-mark or buoy or other thing placed as a guide for
navigators, or by any act which renders any such light-house, sea-mark, buoy or
other such thing as aforesaid less useful as a guide for navigators, shall be
punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
434. Mischief
by destroying or moving, etc., a land- mark fixed by public authority. —Whoever
commits mischief by destroying or moving any land-mark fixed by the authority
of a public servant, or by any act which renders such land-mark less useful as
such, shall be punished with imprisonment of either description for a term
which may extend to one years, or with fine, or with both.
435. Mischief
by fire or explosive substance with intent to cause damage to amount of one
hundred or (in case of agricultural produce) ten rupees. —Whoever
commits mischief by fire or any explosive substance intending to cause, or
knowing it to be likely that he will thereby cause, damage to any property to
the amount of one hundred rupees or upwards 1[or(where
the property is agricultural produce) ten rupees or upwards], shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
1. Ins. by Act 8
of 1882, sec.10.
436. Mischief
by fire or explosive substance with intent to destroy house, etc.—Whoever
commits mischief by fire or any explosive substance, intending to cause, or
knowing it to be likely that he will thereby cause, the destruction of any
building which is ordinarily used as a place of worship or as a human dwelling
or as a place for the custody of property, shall be punished with 2[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.
1. Subs. by Act
26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
437. Mischief with intent to destroy
or make unsafe a decked vessel or one of twenty tons burden: --
Whoever commits mischief to any decked vessel or nay 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 of either description for a term which may extend to
ten years, and shall also be liable to fine.
438. Punishment
for the mischief described in section 437 committed by fire or explosive
substance:-- Whoever commits, or attempts to commit, by fire or any
explosive substance, such mischief as is described in the last preceding
section, shall be punished with 1[imprisonment for life], or with
imprisonment or either description for a term which may extend to ten years,
and shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
439. Punishment
for intentionally running vessel agground or ashore with intent to commit
theft, etc.:- Whoever intentionally runs any vessel aground or
ashore, intending to commit theft of any property contained therein or to
dishonestly misappropriate any such property, or with intent that such theft or
misappropriation of property may be committed, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
440. Mischief
committed after preparation made for causing death or hurt: --
Whoever commits mischief having made preparation for causing to any person death,
or hurt, or wrongful restraint, or fear of death or of 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.
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