Indian Penal Code, 1860
Section 425
repealedMischief
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”.
Why this exists
This section protects property from intentional or reckless damage that falls short of theft or breach of trust, since the wrongdoer does not take the property for themselves but destroys or devalues it, causing loss to the owner or the public. It recognizes that damaging property can cause serious harm even without any transfer of ownership or possession. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 324.
How courts read it
Courts require proof of intention to cause wrongful loss or damage, or knowledge that such loss or damage was likely, along with actual destruction, change, or injurious effect on property; a purely accidental act without such intention or knowledge would not satisfy this section.
Common misconceptions
- Myth: Mischief only refers to minor or playful pranks.
Fact: In law, mischief specifically means intentionally or knowingly causing destruction or damage to property that results in wrongful loss, which can range from minor to very serious harm.