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Section 425 of the IPC defines the offence as follows. 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”.
Explanation 1.—it is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
426. Punishment for mischief.—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
Mr. A has leased his car to Mr. B for one week. Mr A feels the need of the car and asked b to give back his car, Mr B refuses. Mr A in order to take back his bike tries to steal it from B’s house, but B with the help of his family foils the A’s plan. decide whether A is the guilty of the offence?
A is guilty of mischief
A cannot be guilty of causing mischief
A is not guilty as he wasn’t succeeded in his plans.
A is not guilty because he wanted to take back what was his.
Mr. A would be liable for the mischief as he tries to steal the car wrongfully.
By: Parvesh Mehta ProfileResourcesReport error
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