Read and comment the answer to question 2. Written by Judicial Service Main Exam Test Series Test 1 Adv. Parvez Haider , Judicial service Aspirant written on section 425 Mischief.
Question 2. ‘P’ causes cattle to enter upon a field blogging to you are intending to cause and knowing that he is likely to cause damage to the crop of ‘Q’. What offence has been committed by ‘P’? Discuss.] [(300 words) 10 marks]
The above problem is taken from illustration (h) of section 425 of Indian Penal Code 1860.
According to illustration (h) of section 425 of the Indian Penal Code, 1860, the entry of cattle into A’s field leads to the intention and knowing that it is likely to harm A’s crop. P, will be charged under Section 425 of the Indian Penal Code.
The word Mischief is believed to originate from a legal maxim.
Latin “sic utere tuo ut alienum non leadas.”
Meaning you should use your right to property in such a way that there is no loss / damage to the property or rights of anyone else.
Section 425 of the Indian Penal Code relates to mischief, according to which it is a crime not only to deprive a person of his property but also to harm him.
In the above problem, P had intentionally entered cattle (cow, buffalo) in A’s field and he knew that it would harm A’s crop, so in this problem all the conditions of section 425 are fulfilled. P, has been committed an offense under Section 425 of the Indian Penal Code.
Section 425 of the Indian Penal Code, 1860. Mischief, whoever makes a change in the destruction of a person property or his condition by knowing that it is probable to cause harm or harm to a person or if the utility is destroyed or ordered, on which it destroys or reduces its value or utility, or it has a damaging effect on the property, it shall be deemed to be the cause of mischief crime.
Explanation: 1. Its 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 .
- Joint property damage by related person.
Section 425 Components
Mischief: – to the public or person
Men’s rea: – Deliberate or intentional harm / loss
Property: – Destruction / change / change of property
Result: – Price / Utility – Destroy / Runtime
Note: – In the case of Mischief, it is not necessary that the Mischief has any benefit, it is enough that he has intentionally destroyed the property for the purpose of doing damage to someone.
Mischief is a crime against property, cannot be done against person.
Property: – movable / immovable
Negligence by accident will not be considered Mischief.
Main Case: – Nagendra Nath Rai vs Vijay Kumar Das Verma 1992 Cr.L.J. 1871 Orissa
It was held in this case that mere neglect is not called Mischief but due to loss / harm, neglect becomes a crime of Mischief.
Ghulam Ahija v. Lootful Huda AIR 1955 Kolkata 558 It has been postulated that the removal of soil from another’s land is a crime of mischief as it is deprived of landlord soil and the price of land is reduced.
Krishna Gopal Singh & Others Vs UP 1999 When someone does something under pressure, then it will not be considered a crime.
Punishment for Mischief: –
According to section 426, Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.