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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