Mischief
Mischief
425.  Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or 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.
Illustrations
     (a)  A voluntarily burns a valuable security belonging to Z, intending to cause wrongful loss to Z. A has committed mischief.
     (b)  [Deleted by Act 51 of 2007]
     (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, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
     (e)  A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.
     (f)  A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent money on bottomry on the ship. A has committed mischief.
     (g)  A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
     (h)  [Deleted by Act 51 of 2007]
[51/2007]
[Indian PC 1860, s. 425]
Punishment for committing mischief
426.  Whoever commits mischief shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 426]
Committing mischief and thereby causing loss or damage to the amount of $500
427.  Whoever commits mischief and thereby causes loss or damage to the amount of $500 or upwards, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 427]
Mischief by killing or maiming any animal
428.  Whoever commits mischief by killing, poisoning, maiming or rendering useless, any animal shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 428]
Mischief by killing or maiming cattle, etc., or any animal of the value of $25
429.  [Repealed by Act 51 of 2007]
Mischief by injury to works of irrigation or by wrongfully diverting water
430.  Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural or industrial purposes, or for food or drink for human beings or for animals which are property, or for cleanliness, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 430]
Mischief affecting railway engine, train, etc.
430A.  Whoever commits mischief by doing any act with intent or with the knowledge that such act is likely to obstruct, upset, overthrow, injure or destroy any railway engine, train, tender, carriage or truck, shall be punished with imprisonment for life or imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Mischief by injury to public road, bridge or river
431.  Whoever commits mischief by doing any act which renders, or which he knows to be likely to render, any public road, bridge, navigable river, or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[Indian PC 1860, s. 431]
Mischief by injury to telegraph cable, wire, etc.
431A.  Whoever commits mischief by cutting or injuring any electric telegraph cable, wire, line, post, instrument or apparatus for signalling, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
     Explanation.—The injuring here must be of such a nature as to prevent the use of the electric telegraph cable, wire or line, for telegraphing, otherwise the offence will be punishable under section 426.
Mischief by causing inundation or obstruction to public drainage, attended with damage
432.  Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[Indian PC 1860, s. 432]
Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark
433.  Whoever commits mischief by destroying or moving any lighthouse or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such lighthouse, sea-mark, buoy, or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[Indian PC 1860, s. 433]
Mischief by destroying or moving, etc., a landmark fixed by public authority
434.  Whoever commits mischief by destroying or moving any landmark fixed by the authority of a public servant, or by any act which renders such landmark less useful as such, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 434]
Mischief by fire or explosive substance with intent to cause damage
435.  Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 435]
Mischief by fire or explosive substance with intent to destroy a house, etc.
436.  Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place for worship, or for the administration of justice, or for the transaction of public affairs, or for education, or art, or for public use or ornament, or as a human dwelling, or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 436]
Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden
437.  Whoever commits mischief to any decked vessel or any vessel of a burden of 20 tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe that vessel, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 437]
Punishment for the mischief described in section 437 when committed by fire or any explosive substance
438.  Whoever commits or attempts to commit by fire or any explosive substance, such mischief as is described in section 437, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 438]
Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
439.  Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 439]
Mischief committed after preparation made for causing death or hurt
440.  Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[Indian PC 1860, s. 440]