Section 425 IPC: Mischief

Section 425 IPC Bare Act Text

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.

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, 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) 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.

Source: Section 425, Indian Penal Code, 1860

Section 425 IPC in Simple Words

Ingredients of Section 425 IPC

• Causing the destruction of any property, or any change in property or in the situation thereof
• The change destroys or diminishes the value or utility of the property, or affects it injuriously
• The act was done with intent to cause, or knowing that it was likely to cause, wrongful loss or damage to the public or to any person
• The act affects property whether belonging to the person injured, to the accused himself, or to the accused and others jointly

Punishment Under Section 425 IPC

Section 425 IPC defines mischief and creates no offence of its own. It has no entry in the First Schedule to the CrPC; procedural classification and punishment follow Section 426 IPC.

Example of Section 425 IPC

When Section 425 IPC Does Not Apply

• A person damaged property by sheer accident without intending to cause wrongful loss or knowing that wrongful loss or damage was likely.
• An act altered a piece of property or its position without destroying or reducing its value or utility or harming it in any way.
• A person dealt with property in good faith under a genuine belief of legal right and lacked any intent or knowledge of causing wrongful loss.
• A quarrel between two parties remained purely verbal and neither destroyed nor changed any tangible property.

Section 425 IPC in the BNS

FAQs on Section 425 IPC

Sections Related to Section 425 IPC