Mischief and its punishment

Q. Write a detail note on Mischief and its punishment as provided by the Pakistan Penal Code 1860.

1. INTRODUCTION.

“The hear is deceitful above all things, and desperately wicked…” and it is this wickedness that leads man to desire not merely additions to his own property but also the diminution of the property of another. All religious command men to eschew the desire to harm others; not very successfully though. The secular arm of the society has, therefore, to declare such actions criminal and the State enacts international acts to cause harm to the property of another. Such acts are categorized as mischief.

2. RELEVANT PROVISIONS.

Sections 425 to 440 deal the term Mischief of Pakistan Penal Code 1860.

3. MEANING OF MISCHIEF.

(I). Literal Meaning.

Literally “Mischief” means a specific injury or damage caused to the other with the intention to hurt or irritate him.

(II). Legal Meaning.

Legally “Mischief” means an injury or damage caused by a person or an agent especially for a specific purpose. It may be the thoughtless behaviour likely to cause trouble.

4. DEFINITION OF MISCHIEF.

(I). According To Steven H. Gifts;

“It is that state, which accompanies the intentional doing of a wrongful act without jurisdiction or excuse.”

(II). According To Section 425 of Pakistan Penal Code 1860.

“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".”

Explanation 1: 

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is 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.

Explanation 2: 

Mischief may be committed by an act effecting property belonging to the person who commits the act, or to that person and others jointly.

Illustration

(a) ‘A’ voluntarily burns a valuable security belonging to ‘Z’ intending to cause wrongful loss to ‘Z’.’A’ has committed mischief.

5. INGREDIENTS OF SECTION 425 OF PAKISTAN PENAL CODE 1860.

Following are the ingredients of Section 425 of Pakistan Penal Code 1860.

(I). Intention or Knowledge to Cause Wrongful Loss.

Intention to cause wrongful loss or damage is essential for the offence of mischief. This Section requires that there should be an invasion of right and diminution of the value of one’s property. The damage may be caused by an act done with the intention of cheating and rendering useless a right about to come into existence. A dominate owner, having a right of over land belonging to another has no right himself to remove an obstruction unless his right of way is impaired by it. If he does so, he has employed unlawful means and if loss of property is caused thereby to another, he is guilty under this section. But where the element of knowledge or intention is missing there can be no conviction under this Section.

Case Law.

1961 (2) Cr. L. Jour. 501. 

Where the accused knew that by blocking the channel through which the complainant had a right to take water of his land, wrongful loss would be caused to the complainant, he is guilty of an offence under this Section. The co-existence of a civil remedy really does not make any difference.

(II). Causes The Destruction of Any Property or Change In Any Property.

It is the essence of this offence that the perpetrator must cause the destruction of property or such change in it as destroys or diminishes its value or utility. Something should be done to the property contrary to its natural use and serviceableness. Here property means some tangible property capable of being forcibly destroyed but does not include easement. Change means a physical change in composition or from.

Case Law.

AIR 1942 Cal. 544.

Wrongful cutting of trees on plaintiff’s land by the defendant amounts to mischief.

(III). As Destroys or Diminishes Its Value.

Destruction or diminution in value of the property regarding which the offence is committed is essential. A person who destroys property, which at the time belongs to himself, with intention of causing or knowing that it is likely to cause, wrongful loss or damage to anybody else is guilty of this offence.

6. PUNISHMENT FOR MISCHIEF UNDER SECTION 426 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to 3 months, or with fine, or with both.

7. MISCHIEF CAUSING DAMAGE TO THE AMOUNT OF 50 RUPEES UNDER SECTION 427 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both.

8. MISCHIEF BY KILLING OR MAIMING ANIMAL OF THE VALUE OF 10 RUPEES UNDER SECTION 428 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both.

9. MISCHIEF BY KILLING OR MAIMING CATTLE, ETC.., ANY VALUE OR ANY ANIMAL OF THE VALUE OF 50 RUPEES UNDER SECTION 429 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to 5 years, or with both.

10. MISCHIEF BY INJURY TO WORKS OF IRRIGATION OR BY WRONGFULLY DIVERTING WATER UNDER SECTION 430 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both.

11. MISCHIEF BY INJURY TO PUBLIC ROAD, RIVER OR CHANNEL UNDER SECTION 431 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both.

12. MISCHIEF BY CAUSING INUDATION OR OBSTRUCTION TO PUBLIC DRAINAGE ATTENDED WHICH DAMAGE UNDER SECTION 432 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both

13. MISCHIEF BY DESTROYING, MOVING OR RENDERING LESS USEFUL A LIGHT-HOUSE OR SEA-MARK UNDER SSECTION 433 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by destroying or moving 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, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid jess useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to 7 years, or with fine, or with both.

14. MISCHIEF BY DESTROYING OR MOVING, ETC., A LAND-MARK FIXED BY PUBLIC AUTHORITY UNDER SECTION 434 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by destroying or moving any landmark fixed by the authority of a public servant, or by any act which renders such landmark less useful as such, shall be punished with imprisonment of either description for a term which may extend to 1 year, or with fine, or with-both.

15. MISCHIEF BY FIRE OR EXPLOSIVE SUBSTANCE WITH INTENT TO CAUSE DAMAGE TO AMOUNT OF 100 RUPEES OR (IN CASE OF AGRICULTURAL PRODEUCE) 10 RUPEES UNDER SECTION 435 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause damage to any property to the amount of one hundred rupees or upwards 1[or (where the property is agricultural produce) ten rupees or upwards] shall be punished with imprisonment of either description for a term which 1[shall not be less than two years nor more than] 7 years, and shall also be liable to fine.

16. MISCHIEF BY 5 OR EXPLOSIVE SUBSTANCE WITH INTENT TO DESTRY HOUSE, ETC UNDER SECTION 436 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he with thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property shall be punished with imprisonment for life, or with imprisonment of either description for a term which 1[shall not be less than three years nor more than] 10 years, and shall also be liable to fine.

17. MISCHIEF WITH INTENT TO DESTROY OR MAKE UNSAFE A DECKED VESSEL OR 1 OF 20 TONS BURDEN UNDER SECTION 437 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief, to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing ft to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

18. PUNISHMENT FOR THE MISCHIEF DESCRIBED IN SECTION 437 COMMITTED BY FIRE OR EXPLOSIVE SUBSTANCE UNDER SECTION 438 OF PAKISTAN PENAL CODE 1860.

Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

19. PUNISHMENT FOR INTENTIONALLY RUNNING VESSEL AGROUND OR ASHORE WITH INTENT TO COMMIT THEFT, ETC, UNDER SECTION 439 OF PAKISTAN PENAL CODE 1860.

Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to' dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

20. MISCHIEF COMMITTED AFTER PREPARATION MADE FOR CAUSING DEATH UNDER SECTION 440 OF PAKISTAN PENAL CODE 1860.

Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint shall be punished with imprisonment of either description for a term which may extend to 5 years, and shall also be liable to fine.

21. CONCLUSION.

The pith and marrow of all the previous discussion there is no iota untruth shows that mischief comprises of mental as well as physical elements. The mental element is the intention which may be express or implied and physical element is the actus reus or guilty act which causes destruction or dangerous change in property. Pakistan Penal Code 1860 provides, different punishments for mischief involving different intensity of destruction.