Tuesday, May 28, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPCMODEL ANSWER

MISCHIEF

Write a short note on the offence of Mischief given under section 425 of the Indian Penal Code, 1860.

Being a citizen of a democratic country, some basic rights have been given to each and every citizen of this country and out of those rights, right to enjoy the property is one of the most important rights which states that every person has right to enjoy the property in a peaceful manner and without any disturbance.

If any other person tries to cause wrongful loss to another person by destructing his property, then in such a case, the former person will be held liable for having committed the offence of mischief.

Section 425 of the Indian Penal Code, 1860, deals with the provisions of mischief and according to this section, if any person with an intention to cause wrongful loss or damage to the public or to any person, causes destruction of any property or diminishes its value or utility or affects it injuriously, then in such a case, that person will be held liable for having committed the offence of mischief given under section 425 of the Indian Penal Code, 1860.

According to the provisions of section 425 of the Indian Penal Code, 1860, to secure the conviction of an accused, it is necessary to prove the criminal intention of an accused person. If the prosecution fails to prove the criminal intention of an accused, then in such a case, a benefit of doubt will be given to an accused person and he will be acquitted by the court of law.

In the leading case of Ved Prakash vs Chaman Singh and Ors. (All 1994), the Hon’ble court held that an act shall be made punishable of mischief only when the acts causing damage are done willfully and with the knowledge of the consequences. An act will not be considered mischief when it has been caused negligently or accidentally.

Moreover, in the leading case of Krishna Gopal Singh and ors. vs State of U.P. (SC 1999), the Hon’ble court held that the offence of mischief would not be committed if the accused has not committed an act with an intent to cause wrongful loss or damage to any person or the public at large. It also implies that acts done under any pressure, without the free consent of the accused, do not come under the ambit of mischief.

According to the provisions of section 425 of the Indian Penal Code, 1860, it is not only sufficient to prove the criminal intention of an accused but alongwith this, the prosecution will have to prove that act has caused destruction or diminished the value or the utility of the property and the utility of the object can be conceived from the perception of the owner and not from the accused.

In the leading case of Indian Oil Corporation vs. NEPC Indian Ltd. and ors. (SC 2006), the defendant removed the engines of the aircraft hence diminishing its utility and rendering it useless. In this case, it was held by the Hon’ble court that the damage caused satisfied all elements of the offence of mischief and thus the offence of mischief was constituted.

According to the provisions of section 425 of the Indian Penal Code, 1860, it is not necessary that the accused must commit the offence of mischief with an intention to cause wrongful loss to a particular person. If he commits the offence of mischief and thereby causes the destruction of property without knowing the owner of that property, then also, in this particular case, he will be held liable for having committed the offence of mischief given under section 425 of the Indian Penal Code, 1860.

Section 426 of the Indian Penal Code, 1860, prescribes the punishment for the offence of mischief and according to this section, if any person has been held liable for having committed the offence of mischief, then in such a case, if he will 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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