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    Monday 13 November 2017

    Mischief and it's Punishment

    1. RELEVANT PROVISIONS
    Sections 425 to 440 of P.P.C. 1860.

    2. MEANING & DEFINITION OF MISCHIEF
    (i) Literal Meaning
    Literally 'Mischief means a specific injury or damage' caused to the other with the intention to hurt or irritate him.

    (ii) Legal Meaning:
    Legally 'Mischief' means an injury or damage caused by a person or an agent especially for a specific purpose. It may be the thoughtless behavior likely to cause trouble.

    (iii) According to Steven H. Gifts
    "It is that state, that accompanies the intentional doing of a wrongful act without justification or excuse."

    (iv) Statutory Definition; Under Section 425 P.P.C
    "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 671 utility, or affects it injuriously, commits "mischief".

    Explanation
    A' voluntary burns a valuable security belonging to 'Z' intending to cause wrongful loss to '2'. 'A' has committed mischief.

    3. ESSENTIAL INGREDIENTS OF MISCHIEF; UNDER SECTION 425 P.P.C

    The essential ingredients of Mischief under Section 42$. P.P.C, are as follow:

    (I) INTENTION OR KNOWLEDGE TO CAUSE WRONGFUL LOSS
    Intention to cause wrongful loss or damage is essential for the offence of mischief. This section requires that there should be an invasion of right and diminution of the value of one's property. The damage may be caused by an act done with the intention of defeating and rendering useless a right .about to come into existence. A dominant owner, having a right of way over land belonging to another has no right himself to remove an obstruction unless his right of way is impaired by it. If he does so, he has employed unlawful means and if loss of property is caused thereby to another, he is guilty under this section. But where the element of knowledge or intention is missing there can be no conviction under this section.

    (II) CAUSES THE DESTRUCTION OF ANY PROPERTY OR CHANGE IN ANY PROPERTY:
    It is the essence of this offence that the perpetrator must cause the destruction of property or such change in it as destroys or diminishes its value or utility: Something should be done to the property contrary to its natural use and serviceableness. Here property means some tangible property capable of being forcibly destroyed but does not include easement. Change means a physical change in composition or form.

    (III) AS DESTROYS OR DIMINISHES ITS VALUE
    Destruction or diminution in value of the property regarding which the offence is committed is essential. A person who destroys property, which at the time belongs to himself, with intention of causing or knowing that it is likely to cause, wrongful loss or damage to anybody else is guilty of this offence.

    4. PUNISHMENT FOR MISCHIEF; UNDER SECTION 426 P.P.C

    Whoever commits mischief shall be punished with;
    (i)            Imprisonment for three years of either description; or
    (ii)           Fine; or
    (iii)          Both.

    5. ENHANCED OF PUNISHMENT FOR MISCHIEF

    In the following situations I consequences the punishment for mischief may be enhanced.

    (I) DAMAGE CAUSED WAS OF VALUE OF 50 RUPEES; UNDER SECTION 427 P.P.C
    Whoever commits mischief which results in a damage of the value of Rs 50, he shall be punished with
    (i)            Imprisonment of either description for two years; or
    (ii)           Fine; or
    (iii)          Both.

    (II) MISCHIEF KILLING OR MAIMING ANIMAL OF 10 RUPEES; UNDER SECTION 428 P.P.C
    Any person who commits mischief by killing, maiming or poisoning any animal or animals of the value of Rs. 10 shall be punished with
    (i)            Imprisonment of either description for two years; or
    (ii)           Fine; or
    (iii)          Both.
    Maiming means the deprivation of the use of a limb or member and implies a permanent injury. Thus cutting the ears of animals clean off their base so as to affect their hearing, is maiming of animals within the meaning of Section 428 of PPC. (AIR 1981 Mad. 638)

    (III) MISCHIEF KILLING OR MAIMING CATTLE OF ANY VALUE OR ANY ANIMAL OF 50 RUPEES; UNDER SECTION 429 P.P.C
    Any person who commits mischief by killing, maiming or poisoning any cattle e.g. elephant, camel, horse, mule, buffalo, bull, cow or ox of any value or any .animal or animals of the value of Rs. 50 shall be punished with
    (i)            Imprisonment of either description for five years; or
    (ii)           Fine; or
    (iii)          Both.

    (IV) MISCHIEF BY INJURY TO WORK OF IRRIGATION OR B WRONGFULLY DIVERTING WATER; UNDER SECTION 430 P.P.C
    Any person who commits mischief by doing any act which causes any damage to water supply for agricultural purposes or any other purpose mentioned in this section shall be punished with;
    (i)            Imprisonment of either description for five years; or
    (ii)           Fine; or
    (iii)          Both

    (V) MISCHIEF BY INJURY TO PUBLIC ROAD, BRIDGE, RIVER OR CHANNEL UNDER SECTION 431 P.P.C
    Any person who commits mischief by doing any act which causes any damage to public road, bridge, river or navigable channel shall be punished with
    (i)            Imprisonment of either description for five years; or
    (ii)           Fine; or
    (iii)          Both.

    (VI) MISCHIEF BY CAUSING INUNDATION OR OBSTRUCTION TO PUBLIC DRAINAGE ATTENDED WITH DAMAGE UNDER SECTION 432 PPC
    Any person who commits mischief by doing any act which causes an inundation or obstruction to any public drainage attended with injury or damage shall be punished with
    (i)            Imprisonment of either description for five years; or
    (ii)           Fine; or
    (ii)           Both.

    (VII) MISCHIEF BY DESTROYING OR MOVING A LIGHT-HOUSE OR SEA-MARK UNDER SECTION 433 PPC
    Any person who commits mischief by doing any act which destroys or moves or renders less useful a sea-mark or light-house shall be punished with
    (i)            Imprisonment of either description for seven years; or
    (ii)           Fine; or
    (iii)          Both.

    (VIII) MISCHIEF BY DESTROYING OR MOVING A LAND MARK UNDER SECTION 434 PPC
    Any person who commits mischief by doing any act which destroys or moves any land-mark fixed by public authorities shall b punished with
    (i)            Imprisonment of either description for one year; or
    (ii)           Fine; or
    (iii)          Bath.

    (IX) MISCHIEF EXPLOSIVE SUBSTANCE WITH INTENT TO CAUSE DAMAGE UNDER SECTION 435 P.P.C
    Any person who commits mischief by fire or explosive substance with intent to cause damage of Rs. 100/- or of Rs. 10 in case of agricultural produce, shall, be punished with
    (i) Imprisonment of either description which shall not be less than three years nor more than seven years; and
    (ii) Fine shall also be imposed.

    (X) MISCHIEF BY FIRE OR EXPLOSIVE SUBSTANCE WITH INTENT TO DESTROY BUILDING OR HOUSE UNDER SECTION 436 P.P.C

    Any person who commits mischief by fire or explosive substance with intent to destroy any building or house shall be punished with
    (i)            Imprisonment for life; or
    (ii)           Imprisonment of either description which shall not be less than three years nor more than ten years; and
    (iii)          Fine shall also be imposed.

    (XI) MISCHIEF WITH INTENT TO DESTROY OR MAKE UNSAFE A DECKED VESSEL OR ONE OF TWENTY TONS BURDEN UNDER SECTION 437 P.P. C
    Any person who commits mischief to a decked vessel or any vessel of a burden of minimum twenty tons with intent to destroy or render it unsafe shall be punished with
    (i)            Imprisonment of either description which may extend to ten years; and
    (ii)           Fine shall also be imposed.

    (XII) MISCHIEF DESCRIBED IN SECTION 437 COMMITTED BY FIRE OR EXPLOSIVE SUBSTANCE UNDER SECTION 438 P.P.C
    Any person who commits mischief as described in Section 437 with the help of fire or explosive substance shall be punished with
    (i)            Imprisonment for life; or
    (ii)           Imprisonment of either description which may extend to
                   ten years; and
    (iii)          Fine shall also be imposed.

    (XIII) MISCHIEF BY INTENTIONALLY RUNNING VESSEL AGROUND RO ASHORE WITH INTENT TO COMMIT THEFT ETC. UNDER SECTION 139 PPC
    Any person who commits mischief by intentionally running vessel aground or ashore with intent to commit theft or misappropriate the property contained therein shall be punished with
    (i) Imprisonment of either description for ten years; and
    (ii) Fine shall also be imposed.

    (XIV) MISCHIEF COMMITTED AFTER PREPARATION MADE FOR CAUSING DEATH OR HURT UNDER SECTION 440 PPC
    Any person who commits mischief after making preparations for causing death or hurt or wrongful restraint shall be punished with
    (i) Imprisonment of either description for five years; and
    (ii) Fine shall also be imposed.

    6. Conclusion

    Mischief comprises of mental as well as physical elements. The mental element is the intention which may be express or implied and physical element is the Actus Reus or guilty act which causes destruction or dangerous change in property. Pakistan Penal Code provides different punishments for mischief involving different intensity of destruction. 
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