SECTION 427

Overview: This section is a penal section which talks about mischief act causing damage to the amount of 50 rupees. The acts which are causing damage of more than 50 rupees are not covered by this section.

When is Mischief committed? Mischief is committed when a person knowingly or intentionally causes the loss of another person. The damage caused is of a nature that diminishes the value of the property or any other valuable thing.

Punishment for under Mischief causing damage to the amount of fifty rupees Section 427 IPC: This section provides punishment to any person who commits mischief and thereby causes loss or damage to the amount of 50 (fifty) rupees or upwards. The person doing the act shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Essentials which needs to be proved: To hold a person guilty for committing the offence of mischief, it must be proved –

     1. That the person had the proper knowledge of the act and intentionally committed it.

    2. That the act committed by the person has caused wrongful loss or damage to any other person, irrespective of the fact, whether he is known to him or not.

Illustrations: Below are some examples –

    1.If a person ‘Ram’ voluntarily burns valuable security of person ‘Mohan’, with the intention to cause loss to person ‘Mohan’, the person ‘Ram’ has committed an offence.

    2. If a person ‘Anurag’ throws into the river a ring belonging to person ‘Baldeep’, with the intention to cause wrongful loss to ‘Baldeep’, person ‘Anurag’ has committed an offence of mischief.

Composition under Section 320 Cr.P.C.: This Offence is listed under Compoundable Offences i.e. compromise or settlement can be entered into by the parties. It is compoundable by the person when the only loss or damage is to a private person.

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