Answer
Mischief:
According to S. 425 P.P.C., whoever with intent t cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, cause the destruction of any property, or any such change in any property or in the situation thereof 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 case -loss or damage to the owner of the property injured or destroyed. Its insufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring by 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 there jointly. (Punishment up to three months or with fine or both).
To constitute an offence under this section there must be an intention to cause wrongful loss or damage, or causing, the destruction some property or any change, in it or in its situation and such change must destroy or diminish its value or utility, or affect it injuriously.
Illustrations
(a) A voluntarily bums 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 land 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 satisfactions 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 there by 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.
Punishment for mischief:
Whoever commits mischief shall he punished with imprisonment of either description for a term which may extend to three months, or with tine, or with both.
Aggravated forms of mischief:
The aggravated forms of mischief are as follows:
1. Committing mischief, and thereby casing damage to the amount of 50 ru3ees. (S. 427)
2. Mischief by killing rendering useless or meaning any animal of the value of 10 rupees. (S. 428)
3. Mischief by killing, poisoning maiming or rendering useless any elephant camel, horse, mule buffalo, hull, cow or ox or an other animal to the value of Rs.50 or upwards.(S. 429)
4. Mischief by in1ry to works of irrigation or by wrongful diminishing the supply of water for agricultural purposes or for food, or drink or cleanliness. (S. 430)
5. Mischief by injury to public road, bridge, river or channel, so as to render it impassable or less safe for travelling or ‘one me property. (S. 431)
6. Mischief by causing inundation or obstruction to public drainage attended with damage. (S. 432)
7.Mischief by destroying or moving or tendering less useful a lighthouse or sea—mark or by exhibition false lights. (S. 433)
8.Mischief by destroying, moving, or rendering less useful any landmark fixed by the authority of a public servant. (S. 434)
9.Mischief by fire or explosive substance with intent to cause, damage to the amount of Rs. 1100 or upwards or where the property is agricultural produce rupees or (S. 435)
10. Mischief by fire or explosive substance with intent to destroy any building used as place of worship, or human dwelling, or as a place for the custody of property. (S. 436)
11. Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden. (S. 437)
12. Mischief or attempt to commit mischief with fire or any explosive substance. (S. 438)
13. Intentionally running a vessel aground or ashore with intent to commit theft or misappropriation of property. (S. 439)
14. Mischief committed after preparation made for causing to any person death, hurt, or wrongful restraint, or fear of death, hurt, or wrongful restraint. (S. 440)