UNIVERSITY INSTITUTE OF LEGAL

STUDIES
DEPARTMENT OF LAW
Subject Name and Code: INDIAN PENAL CODE-II
(LLT-260)
DEVINDER SINGH, ASST. PROF.

Mischief DISCOVER . LEARN . EMPOWER

 • Space for visual (size 24)

INDIAN PENAL
CODE-II
Course Outcome
CO Title Level
Number
CO1 To enable the students to understand the various kinds of Remember
offences affecting property, person, women documents
etc
CO2 To enable the students to understand the various kinds of Understand
punishment relating to these crimes

Will be covered in this

lecture

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 Mischief (Sec 425-426)

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, causes 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.

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 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, 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.
(e) 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.

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 Illustrations

• “A” intentionally sets X’s home on fire causing him wrongful loss or injury.

• “A” a doctor deliberately prescribed the wrong medicine to “B’s” cattle with an intent to cause wrongful loss

or injury.

• “C” diverts the flow of the canal in such a way as to prevent “B” from irrigating his field causing him loss by

damage of crops.

• “B” tears off some important business-related documents of A to cause him financial loss.

• “A” deliberately burns off the standing crop that was jointly cultivated by “A” and “B”.

• “B” intentionally damages a “signboard” installed by the order of the municipality causing wrongful losses &
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injury.
 Case - Laws
• In the case of Nagendranath Roy vs. Dr. Bijoy Kumar Dasburma (1991 II OLR 527), where 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.

• In the case of Krishna Gopal Singh vs. State of Uttar Pradesh (AIR 2000 SC3616), it was stipulated that if

the accused has committed an act without any intent or knowledge that the act in question is likely to cause

wrongful loss or damage to any person or the public at large, it will not fall under the ambit of mischief as the

element of “Mens rea” is absent. Similarly, if an act is committed without free consent i.e. Under some

pressure or duress, it will also not amount to mischief.

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 Punishment 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.

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 REFERENCES

• Indian Penal Code by Prof. S.N. Misra

• Criminal Law by PSA Pillai
• Indian Penal Code, BARE ACT
• Indian Penal Code, by Ratanlal & Dheerajlal

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THANK YOU