Criminal mischief

 Criminal mischief

Criminal law is the body of the law. These types of laws govern the crime in the state. Such laws

prescribe the conduct perceived as threatening, harmful otherwise endangering to the property, health,

safety, and moral welfare of people inclusive of one's self. Criminal law is way different from civil law,

this law's emphasis is more on dispute resolution and compensation, rather than on punishment or

rehabilitation.

Indian criminal is governed by the Indian Penal code. There are various types of crimes that are

mentioned in these sections but this article covers section 425, which talks about criminal mischief .this

section state if a person’s intention to cause or is liking to cause damage it is known as criminal mischief.

For example; B voluntarily burns a valuable security belonging to C, intending to cause wrongful loss to

c. B has committed mischief

For example; B has committed mischief if B causes his /her cattle to enter a field belonging to C,

intending to cause and knowing that he is likely to cause damage to C's crop.

Example: B has committed if B voluntarily throws into a river a ring that belongs to c, with the intention

of thereby causing wrongful loss to C.

The scope of mischief is very wide as it covers both public and private damages. it should be noted that

this section will not be applied if there is a lack of intention in the case.

The ingredients of the mischief are very important as it helps us to distinguish them from other crimes

as well as help us identify in which category they fall. Ingredient of mischief states that,

 Intention or the knowledge of the act

 The act resulting in destruction, damage, or change in the property or situation thereof

 The change must lead to diminishing the value or utility

 Intention or the knowledge of the act may result in wrongful loss or damage

The most important ingredient is men's res which means there should be some intention. This

ingredient is sufficient to punish the concerned person.

Case; Nagendreanath Roy v. Bijoy Kumar Dasburma, in this case, the court observed that mere

negligence does not constitute mischief. However in certain situations when facts indicate that

intention to cause wrongful loss was present along with the negligence causing damage will amount

to mischief

Case; of Arjun Singh v. The State, the court observed that to establish the offense of mischief, the

prosecution needs to establish that the accused must have an intention or the knowledge of the

likelihood to cause wrongful loss or damage to the public or any person.

The punishment of such an offense is imprisonment until months or fine or both and it should be

considered that it is non-cognizable a bailable offense.