Mischief in Criminal Law | CLAT Notes

In the realm of legal offences, some acts go beyond mere wrongdoing, encompassing intentional or knowing actions that cause wrongful loss or damage to property. Such acts are categorised as mischief under the Indian Penal Code (IPC). Whether it involves destruction, alteration, or any change that diminishes the value or utility of the property, mischief carries legal consequences.

What is Mischief?

Mischief, as defined by the Indian Penal Code (IPC), refers to the intentional or knowing act that causes wrongful loss or damage to the public or any person. This offence involves the destruction or alteration of property, decreasing its value or utility or causing harm.

Ingredients of Mischief

To establish the offence of mischief, certain ingredients must be present. Firstly, the person committing the act must intend to cause wrongful loss or damage. Alternatively, if they know that their actions are likely to result in such loss or damage, they can still be liable for mischief.

Negative Impact on Property

The central aspect of mischief lies in its effect on property. Whether it is a deliberate act or an act that results from negligence, if it lowers the property’s value, affects it injuriously or brings about any change that diminishes its utility, mischief has been committed. It is important to note that the property can belong to the person committing the act or someone else.

Examples of Mischief

To grasp the concept better, let’s look at four examples where mischief has been committed:

Vandalising Public Property

A group of individuals spray-paints graffiti on public walls, causing damage to public property. Even though they may not personally own the walls, their actions decrease their value and utility, thus constituting mischief.

Sabotaging a Competitor’s Machinery

In a business rivalry, a person tampers with the machinery of their competitor, resulting in the equipment malfunctioning and incurring losses. Despite not directly damaging their property, the person commits mischief by intending to cause wrongful loss or damage to their competitor.

Damaging a Neighbor’s Vehicle

In a rage, a person intentionally smashes the windows of their neighbour’s car. The act affects the neighbour injuriously and diminishes the value of their property. Even though the property belongs to someone else, mischief is committed.

Attempted Arson

In the case of Amar and Akbar, Amar sets fire to the house he leased to Akbar to force him to vacate. However, Akbar and their neighbours extinguished the fire, preventing significant damage. Although the fire didn’t cause severe harm, Amar’s intention to cause wrongful loss or damage constitutes mischief.

Summary

Mischief, as defined by the IPC, involves the intentional or knowing act that causes wrongful loss or damage to property. If the property belongs to the offender or someone else, mischief has been committed if its value or utility is negatively affected.