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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
M knowing that his house are about to be taken in execution in order to satisfy a guarantee given by him to bank, he destroyed his house, with the intention of thereby preventing bank from obtaining his house and caused damage to his property. Decide whether M has committed any mischief.
M has committed the mischief.
M has not committed the mischief.
M cannot be persecuted because the damage property was his house
M has not committed mischief because his act cannot be proved on the ground of the law.
M has committed the mischief because he is liable for the guarantee given.
By: Parvesh Mehta ProfileResourcesReport error
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