Mischief under section 426 ???

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Respected Experts,

 

I have been getting mixed opinions for MISCHIEF under IPC.

Some allegations of mischief made against opposite party in-person by me where I have made out a case of Section 426 of IPC.

 

However certain authorities have communicated to me that Section 426 of IPC is no more in existence. It is only 425 and 427.

 

I would be obliged if the Respected Experts could assist herein

 

 

Thankyou

 
Reply   
 

Mam,

Section 425,426 and 427 are all related to mischief and they all exist.Mischef is an offence related to damage of property.The difference between these sections are that in section 425 defines the offence of 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”. Section 426 provides the punishment for the above offence(425) and therefore prople are accused of mischief under section 425 and convicted under section 426. Section 427 is an aggrevate form of mischief and carry a more strict punishment with inprisonment upto 2 years or fine.

Section 427-440 comes under aggravated forms of mischief, in cases like -

(1) commiting mischief and therby causing damage amounting to Rs 50 or more 

(2)mischief by killing poisioning,maiming or rendering useless,elephant,camel,horse,mule,buffalo,bull,cow or ox or any other animal of value of more than Rs 50

(3)mischief by injury to works of irrigation,etc

Hope this helps

Sarthak Nayar

 
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Advocate

Indeed the offences relating to mischief is laid down u/s 425 and 427 of the Indian Penal Code. However, 426 is in existence.

Section 425 defines what mischief is (i.e. intentionally causing wrongful loss to public/person by destruction of property in a manner that its value/utility is diminished.)

Section 426 merely lays down the punishment for mischief. (Imprisonment of up to 3 months/fine/both.)

Section 427 states that if mischief caused amounts to a loss of more than 50 bucks, the imprisonment for it may extend up to 2 years/fine/both.

Hope this makes it more clear!

 
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