BACK TO SECTIONS1983 Cri LJ 800
BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE
Original Text
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'.
Simplified
Section 425 defines mischief — deliberate damage to property with intent or knowledge of wrongful loss. The key elements: (1) intentional or knowledge-based act; (2) causing destruction, change, or diminishment of value/utility; (3) the change causes wrongful loss or damage to someone. The intent requirement distinguishes criminal mischief from accidental damage — negligent property damage is not mischief. Section 425 is the definition; Section 426 provides the base punishment; subsequent sections address aggravated forms (mischief by fire — Section 435/436, up to life imprisonment).
Legal Evolution
Section 425's definition of mischief — causing wrongful loss or damage to property with intent to cause such loss — was drawn from English law on malicious damage and extended to cover not just destruction but diminution in value. Macaulay's drafters included an extensive series of aggravated mischief offences (Sections 426-440) based on the type of property damaged or the severity of damage. Courts have applied the basic definition to a wide range of property damage from minor vandalism to large-scale industrial sabotage.
Landmark Precedents
Hari Singh v. State of UP (1983)
RELEVANCE
Mischief under Section 425 requires intentional or knowing act — damage caused accidentally during a lawful activity does not attract Section 425.
Practical Scenarios
"Burning a bundle of documents belonging to another — mischief."
"Deliberately damaging a rival's car during a dispute — mischief."
Common Queries
No — mischief requires an 'intent' or 'knowledge' that the act will cause wrongful loss or damage. Purely accidental damage is not mischief.