Friday, 3 June 2022

Mischief

 Mischief

Mischief is defined in Section 425 of the IPC, and the punishment is outlined in Section 426 of the IPC. Furthermore, depending on the kind and amount of the property damage, Sections 427 to 440 establish various punishments for aggravated forms of mischief.

According to Section 425 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC), anyone who commits mischief has the intent to cause or is aware that his act is likely to cause some destruction or damage to any property, destroying or diminishing its value and utility, thus resulting in an undue loss or damage to the public.

In layman's terms, it may be defined as when  an individual intends to perform an act or has the knowledge that his/her act will create hindrance in allowing another person to enjoy the benefit of their property by one means or other, it is called a mischief. However, this act can be even against the public or against a specific person as well.

The Law of Mischief under IPC is specifically drafted with an objective to provide protection against the destruction of the property causing any wrongful loss or damage to the public or an individual. It is an extension to the legal maxim sic utretuoleadas which means “use your own property, but not in a way that can injure your neighbour’s or other’s property.”

Mischief under Section 425 of IPC covers all those acts that cause any damage or destruction to the property resulting in any wrongful loss or damage. The scope of this section is wide and it applies in the case of both public as well as private damages.

However, the most important point is that it will not have any application in the cases where the element of intention is absent which is further elaborated in this article under the heading of Ingredients of mischief. It is also not essential that the person accused had some valid motive behind or must have been benefited from the act of “mischief”.

In order to demonstrate Mischief under the definition set out in section 425 of the IPC, there are three crucial aspects to consider:

The act's intention or knowledge (mens rea);

The act that causes the property or situation to be destroyed, damaged, or changed; and (actus rea)

The alteration must result in a loss of value or utility.

The punishment for Mischief is prescribed under Section 426 which states that it attracts imprisonment of a term which may extend up to three months, or with fine, or with both, as the court may deem fit.

Nature of offence: The offence under this Section is non-cognizable, bailable, compoundable, and triable by any Magistrate.

As society progresses, new situations  and new problems arise. Similarly, mischievous crimes are  very comprehensive and inclusive and appear to occupy the entire 15 sections of the IPC. We try to cover all  forms of mischief by offering different penalties depending on the severity of the crime. 

 But still, it is not possible to set appropriate penalties for many other types of mischief that are very common. In addition, because it does not identify the various situations that may  fall within the scope of the assault, it is left to the judge's sole discretion  to identify and classify them as assaults and manage the penalties. For this reason, different levels of punishment may be observed for crimes of similar nature and severity. 

 Therefore, it is essential to identify and implement appropriate punishment for assault crimes so that the perpetrators are properly punished and to ensure greater deterrence.


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