MISCHIEF

Mischief in IPC was written with the goal of providing protection against property destruction that results in unjust loss or damage to the public or an individual.

It’s an outgrowth of the legal maxim “sic utretuoleadas”, which means “use your own property, but not in a way that harms your neighbor’s or other’s.”

EXAMPLE-

  • “A” sets fire to X’s house on purpose, causing him to suffer a wrongful loss or injury.
  • “A” a doctor gave “B’s” cattle the wrong medicine with the goal of causing unjust death or harm.
  • “C” diverts the canal’s flow in order to prevent “B” from irrigating his farm, leading him to lose money due to crop damage.

Section 425 of the IPC defines mischief as any act that causes property damage or destruction, resulting in wrongful loss or harm. This section has a broad application, and it applies to both public and private damages.

However, the most significant issue is that it will not apply in circumstances where there is no element of intention, which is discussed further in this article under the heading Ingredients of Mischief. It’s also not necessary that the person accused had a good reason for the “mischief” or that he or she benefited from it.

ESSENTIALS

In order to demonstrate Mischief under the definition set forth in section 425 of the IPC, there are three crucial aspects to consider:

  • The act’s intention or knowledge (Mens rea)

The definition of the law of mischief makes it plain that the only method to prove an act of mischief is to show that the accused had any conscious intention to inflict unjustifiable property damage. However, the fact that the individual was aware that his or her actions could cause property damage or deterioration, resulting in unjust loss or damage, can also serve as adequate proof.

The court stated in Nagendranath Roy v. Dr. Bijoy Kumar Dasburma that mere negligence does not constitute mischief. However, in some cases, when the evidence show that the purpose to inflict unlawful loss was there, as well as the negligence producing damage, it will be considered mischief.

  • The act that causes the property or situation to be destroyed, damaged, or changed; and (Actus rea)

There must be some wrongful loss or damage to the property owner, preventing him from enjoying it. The act has to have caused some kind of harm, injury, or destruction to the property, lowering its value or usability. This will serve as the offense’s “actus reus.”

In the case of Arjuna vs. State (AIR 1969 ), the court held the accused guilty of causing undue loss to the government by decreasing the value of the complainant’s standing crops planted on government land.

  • The alteration must result in a loss of value or utility.

INFERENCE

As civilization progresses, new situations and problems arise.

 Similarly, the crime of mischief appears to be quite broad and wide, encompassing all fifteen provisions of the IPC. It attempts to cover all possible forms of mischief by prescribing various punishments based on the severity of the offence.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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