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).
Legal Evolution
Section 426 prescribes the basic punishment for mischief — three months' imprisonment or fine or both. This modest penalty applies to simple property damage without aggravating circumstances. The provision sits at the base of an elaborate graduated scheme, with specific aggravated forms attracting penalties up to life imprisonment (Section 436 — mischief by fire to human dwellings). The low baseline punishment means that most significant mischief prosecutions rely on the aggravated provisions.
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.