The workers of xyz private limited were on strike demanding higher salaries In the course of the str...........

Legal Reasoning Others

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

The workers of xyz private limited were on strike demanding higher salaries. In the course of the strike, workers thrown stones on the company premises and damaged the company’s building. Decide whether they are guilty of the offence.

Workers are not guilty as the employer company was not sensitive about the plight of the workers.

Workers have committed the mischief.

Workers have not committed the mischief.

Workers have not committed any crime because article 19 gives right to strike.