This article has been written by Varsha Thapa of 2nd B.B.A. L.L.B year studying in Army Law College,Pune

 

 

 

MISCHIEF

Under section 425 of Indian Penal Code, mischief is defined as “whoever with intent to cause, wrongful loss or damage to the public or any person, causes the destruction of any property or in the situation thereof as destroys or diminishes its value or utility or affects it injurious commits mischief.” 

Explanations: 

1. It is not mandatory that offence of mischief includes the offender to have intention to cause loss or damage to the owner of the property but if the person knows that he is likely to cause damage then he can be marked under mischief.
2. Mischief can be done individually or by a group of people jointly.

Examples: 

1. A sets B’s premises on fire with intention of causing loss or damage. A has committed mischief.
2. X enters in Y’s jewellery shop to steal which causes Y financial loss. Therefore X has committed mischief.

 

Punishment for mischief

Under section 426 of Indian Penal Code, punishment for mischief is written as imprisonment of a term which can extend of a term upto three months, or with fine, or with both as the court may consider fit.

 

Nature of offence

The offence under this section is cognizable, non-bailable, non-compoundable and triable by the court of session.

 

Ingredients of mischief

There are three main ingredients or elements to be important.

• Intention to do something that harms something or someone (mens rea)
• The act resulting in loss, damage or change in property. (actus rea)
• The change done must lead to decreasing value or utility.

 

Aggravated forms of mischief 

• Based on the nature of the property damage

Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, will be punished with imprisonment of either for a term which may extend to two years, or with fine, or with both

• Mischief by killing or maiming cattle or any animal value of ten rupees or more

Section 428  to Section 434 of IPC deals with, Whoever commits mischief by killing, poisoning, maiming or rendering uselessly any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both . The motive of the legislature here is to stop the cruelty to animals.

• Mischief by Injuring Works of Irrigation

Section 430 deals with the punishment for causing damage to the works of irrigation and rendering it useless or wrongfully diverting it to cause mischief. Motive of this section is to prevent any sort of disturbance in the supply of water used for commercial purposes such as agriculture, manufacturing or essential needs such as drinking and storage.

• Mischief by Injuring Public Road, Bridge, River or Channel

According to section 431 of IPC says that any person who commits mischief by doing damage to any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for traveling or conveying property bridge, river or channel and rendering it useless or any less safe for traveling or conveying property.It assumes that the intention of the accuser to cause wrongful loss to the public at large by destroying or diminishing the value of the property.

• Mischief by Obstructing Public Drainage attended with damage

IPC Section 432 deals with the person who done any act which causes or which he knows to be likely to cause an overflow or an obstruction to any public drainage intended with injury or damage it caters to the idea of causing destruction of the property and affecting the public at large for the sole purpose of mischief. 

• Mischief by Destroying of Lighthouse or Seamark

According to Section 432 deals, a person who commits mischief by destruction or disturbance any light-house or other light used as a sea-mark or any sea-mark or buoy or other thing placed as a guide for navigators. It takes into account the intention of misguiding the navigators as a part of mischief by either destroying or moving any sea mark in a way that renders it useless or diminishes its utility.

• Mischief by Destroying of Landmark fixed by public authority

Section 434 of IPC deals with the person who commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished. It is a similar category as above, the only difference being the damage of landmarks instead of sea marks. in this case would be less as compared to that of damaging sea marks. 

• Mischief based upon the method adopted to cause damage: offenses of Arson

From Section 435 to Section 438 deals with aggravated forms of mischief based upon the method adopted to cause damage. These sections are collectively termed as ‘offenses of arson’ which defined as the willful and deliberately burning of property. Damaging the property amounting to hundred rupees and above by fire or explosive substances. In the case of agricultural produce, the damage caused by amounting to ten rupees and above is punishable. 

Landmark judgement under mischief cases

1. R. Gandhi vs. Union Of India (1988)

 In this case, Supreme court held that When a person comes to us with the complaint that he has been arrested and imprisoned with mischievous or malicious intent and that his constitutional and legal rights were invaded, the mischief or malice and the invasion may not be driven away or wished away by his being set free. Inappropriate cases we have the jurisdiction to compensate the victim by awarding suitable monetary compensation.

 

1. Indian Oil Corporation v. NEPC India Ltd 

  In this case the defendant removed the engines of the aircraft hence decreasing  its utility and making it useless. It was held that the damage caused satisfied all elements of mischief and thus the offense of mischief was constituted. And Court also observed that for the purpose of Section 425, ownership or possession of the property is not relevant. Even if the property belongs to the accused himself, if the ingredients are made out, mischief is committed.

 

CHEATING

Cheating is considered as a criminal offence under Indian Penal Code. Under  section 415 of Indian Penal Code, cheating is defined as whoever fraudulently or dishonestly deceives or cheats a person in order to prompt that person to give consent to any person or retain the property and those act which have intention that are likely to likely to cause damage or harm the person is said to ‘cheat’. 

Examples:

1.  A intentionally deceives B by falsely claiming to be under government service and dishonestly encourages B to give certain items on credit for which he never intended to pay. A has committed the offence of cheating.
2. Y deceives X by taking a loan and making him believe that he will repay the loan that Y never intended to repay and therefore deceives X into lending him money. Y is a cheater.

 

Punishment for cheating

 Cheating is punishable under Section 417, which states that whoever held liable for the offence of cheating will be punishable with imprisonment for a term extending to one year or with fine, with both.

 

Nature of offence

An offence under cheating is cognizable and non-bailable. Any court lower than a first-class magistrate cannot hear the case. By the court’s approval, cheating may be compounded or settled under Section 320 of the Criminal Procedure Code

 

Ingredients of cheating 

Following are the main components of cheating:

1. Deceiving any person.
2. The act of deceiving was done intentionally.
3. The inducement should be false or made with a fraudulent intention.
4. The person who was deceived should be convinced to deliver goods or perform an action (that is, deliver the goods).

 

Landmark judgement under cheating cases

•   Ishwarlal Girdharilal vs the State of Maharashtra (1969)

In this case, the court stated that the term “property” as used in section 420 of the IPC does not necessarily refer to only those properties with monetary or market value. It also comprises features that are not monetary.Suppose a property does not have a monetary value for the person in possession of it, but after being cheated by another person, it becomes a property with a monetary value for the person who obtains it through cheating. In that case, it can be considered as an offence of cheating under section 420 of the Indian Penal Code.

1. Shri Bhagwan Samardha Sreepadha Vallabha Venkata Vishwanandha Maharaj v. State of Andhra Pradesh (1999)

In this case, the accused convinced complainant that he possess divine powers. He claimed that he can treat the dumbness of a girl with his divine powers and received money from complainant. Court held that this act amounts to cheating.  

DIFFERENCE BETWEEN MISCHIEF AND CHEATING

Basis	Mischief	Cheating
Meaning	Mischief is the act of wrongful intent of doing harm by destroying someone’s property.	It means dishonestly deceiving someone in order to make wrongful gain and cause harm to other person.
Sections	Indian Penal Code sections 425 to 440 cover topic of mischief.	Indian Penal Code sections 415 to 420 cover topic of cheating.
Objective of offender	In mischief, the objective of the offender is to cause damage of someone’s property.	In cheating, the objective of the offender is to make wrongful gain by causing harm to another person.
Nature of offence	The offence is cognizable, non-bailable, non-compoundable and triable by the court of session.	An offence under cheating is cognizable and non-bailable. Any court lower than a first-class magistrate cannot hear the case.

Refrences used 

• https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=482 
• https://indiankanoon.org/doc/1768163/ 
• https://blog.ipleaders.in/mischief-under-the-indian-penal-code-all-you-need-to-know-about-it/
• https://lawcorner.in/difference-between-mischief-and-cheating/#Difference_Between_Mischief_And_Cheating 
• https://www.legalserviceindia.com/legal/article-7864-mischief-425-ipc-426-ipc.html 
• https://blog.ipleaders.in/cheating-a-criminal-offence-under-the-indian-penal-code/