Intention or knowledge to cause wrongful loss or damage Ī) The mere fact that any loss or damage was caused to the property would, by itself not sufficient cause to constitute mischief unless the intention of the offender was to cause wrongful loss or wrongful damage to the person considered. Detailed Analysis of Mischief under Indian Law: 1. Such change must destroy or diminish its value or utility or affect it injuriously. Causing the destruction of some property or any change in it or in its situation, and ģ. An intention or knowledge of likelihood to cause wrongful loss or damage to:Ģ. has committed mischief.ī) 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. Illustration:Ī) A voluntarily bunts a valuable security belonging to Z intending to cause wrongful loss to Z. 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 situation thereof as destroys or diminishes its value or utility or affects in injuriously commits “mischief”. Section 425 of the IPC based on the principle enunciated in the maxim “Sec utare two ut allenum non leadas ” which means use your own property, so as to not injure your neighbor’s (or other’s) property.Īccording to section 425 of Indian Penal Code, the mischief is defined as: In fact, the section corresponds to the offence known in English law as “malicious injury to property” in which malice is presumed from the nature of the act committed and its illegality. ‘ Mischief’ is defined under section 425 of the Indian Penal Code.
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