Mischief

What this section does

This section defines mischief and prescribes a tiered punishment structure based on the nature and quantum of damage caused. Mischief consists of intentionally or knowingly causing destruction of or injurious change to property resulting in wrongful loss or damage. Punishments escalate from six months for basic mischief up to five years for damage of one lakh rupees or more, and up to five years with mandatory fine where the offender had prepared to cause death, hurt, or wrongful restraint.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Basic mischief (sub-section 2): imprisonment up to 6 months, or fine, or both. Damage to Government/Local Authority property (sub-section 3): imprisonment up to 1 year, or fine, or both. Damage of ₹20,000 or more but less than ₹1 lakh (sub-section 4): imprisonment up to 2 years, or fine, or both. Damage of ₹1 lakh or more (sub-section 5): imprisonment up to 5 years, or fine, or both. Mischief with preparation to cause death, hurt, or wrongful restraint (sub-section 6): imprisonment up to 5 years and fine.

Triable by

Magistrate of First Class

Cognizable

Depends

Bailable

Depends

Compoundable

Depends

Ingredients (what prosecution must prove)

1. The accused caused destruction of property, or a change in property or its situation that destroys or diminishes its value or utility, or affects it injuriously
2. The accused intended to cause, or knew he was likely to cause, wrongful loss or damage to the public or any person
3. It is not necessary that the intended loss be to the owner of the property; loss to any person by injuring any property suffices
4. Mischief may be committed even against property belonging partly or wholly to the accused

Derived from IPC s.425.