Bharatiya Nyaya Sanhita, 2023
324. (1) 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.
Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending
to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus
causes the ice to melt, intending wrongful loss to Z. A has committed
mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the
intention of thereby causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in
order to satisfy a debt due from him to Z, destroys those effects, with the
intention of thereby preventing Z from obtaining satisfaction of the debt,
and of thus causing damage to Z. A has committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast
away, with the intention of causing damage to the underwriters. A has
committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause
damage to Z who has lent money on bottomry on the ship. A has committed
mischief.
(g) A, having joint property with Z in a horse, shoots the horse,
intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to
cause and knowing that he is likely to cause damage to Z’s crop. A has
committed mischief.
(2) Whoever commits mischief shall be punished with imprisonment
of either description for a term which may extend to six months, or with
fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to
any property including the property of Government or Local Authority shall
be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
(4) Whoever commits mischief and thereby causes loss or damage to
the amount of twenty thousand rupees and more but less than one lakh
rupees shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(5) Whoever commits mischief and thereby causes loss or damage to
the amount of one lakh rupees or upwards, shall be punished with
imprisonment of either description for a term which may extend to five
years, or with fine, or with both.
(6) Whoever commits mischief, having made preparation for causing
to any person death, or hurt, or wrongful restraint, or fear of death, or of
hurt, or of wrongful restraint, shall be punished with imprisonment of either
description for a term which may extend to five years, and shall also be
liable to fine.
Mischief by killing or maiming animal.