BACK TO SECTIONS(1997) 8 SCC 476
BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE
Original Text
Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Simplified
Section 426 provides the standard punishment for simple mischief — a modest 3-month maximum and non-cognizable status. The low base punishment reflects that minor property damage, while wrongful, is at the lower end of criminal severity. Aggravated forms carry higher punishments: mischief causing damage over ₹50 (Section 427 — 2 years), killing valuable animals (Section 428/429 — 2-5 years), damage to irrigation works or ships (Section 430/431 — up to life), damage by fire to a dwelling house or place of worship (Section 436 — life imprisonment).
Landmark Precedents
Madhu Bala v. Suresh Kumar (1997)
RELEVANCE
Courts must assess actual monetary loss to determine whether Section 426 or Section 427 applies — the quantum of damage determines the applicable mischief provision.
Practical Scenarios
"Scratching a rival's car during a dispute — Section 426 (or Section 427 if damage exceeds ₹50)."
"Breaking a flowerpot outside someone's house — Section 426."
Common Queries
Yes — simple mischief under Section 426 is a bailable and non-cognizable offence.