SECTION 427 IPC - Indian Penal Code - Mischief causing damage to the amount of fifty rupees


Description

Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Offence : Mischief, and thereby causing damage to the amount of 50 rupees or upwards


Punishment : 2 Years or Fine or Both


Cognizance : Non-Cognizable


Bail : Bailable


Triable : Any Magistrate





IPC under section 425, defines mischief as an act done by any person, having intention to cause, or having knowledge that the act may cause, loss or damage to any person or to the public, or causes destruction of any property or any such change in the situation of the property which destroys or diminishes the value of the property.

It is not necessary for an act to cause loss or damage to the owner of the property, however mere intention or knowledge that such act may cause, loss or damage to any person by injuring his property whether it belongs to that person or not is sufficient to hold a person guilty for mischief.

For example, 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 under this section.
 

What is mischief causing damage to the amount of 50 rupees?

According to section 427 of Indian Penal Code, whenever a person commits mischief and causes loss or damage to another person which amounts to rupees 50 or more, such person shall be held liable for punishment under this section. The act of mischief under section 427 is similar to that under section 425. The only difference is the extent of damage to the amount of 50 rupees. The term of punishment also differs on the basis of the same. When the damage caused by the act of mischief is more than 50 rupees, then only accused will be liable under this section.

As we all know as the amount of fifty rupees is too petty in the present day, whoever commits the offence of mischief will come within the ambit of this section only and not under section 426 which prescribes punishment for mischief. Thus, this signifies that mischief today has become more severe than when the Code was enacted.
 

Essentials of section 427 IPC

If a person commits an offence under section 427 of IPC, certain conditions must be fulfilled to hold him/her guilty for the offence of mischief-

  • The person must have proper knowledge of the act and intention to commit mischief.

  • The act committed by the person must have caused wrongful loss or damage to any person.

For example, in a landmark case where the accused was driving tempo in a rash and negligent manner, hits against an AC container and caused damage to the same. The damage caused was for amount exceeding Rs. 50 and thereby offence punishable under section 279 (rash driving or riding on a public way) and 427 of IPC were committed.

In this case, it was held by the Saket District Court, Delhi that the accused did not have the intension of causing damage to the vehicle, but he had knowledge that his act of rash driving may cause damage to any person or property. Hence, all the essentials of section 427 of IPC were fulfilled and the accused was held liable accordingly.
 

Illustration

  1. If a person ‘X’ voluntarily burns a valuable security of person ‘Y’, with the intention to cause loss to person ‘Y’, the person ‘X’ has committed an offence.

  2. If a person ‘A’ throws into the river a ring belonging to person ‘B’, with the intention to cause wrongful loss to ‘B’, person ‘A’ has committed an offence of mischief.
     

Punishment under section 427 of Indian Penal Code

Mischief under IPC is punishable with imprisonment of 3 months with fine. However, when an offence of mischief causing damage to the amount of fifty rupees under section 427 of the Indian Penal Code has been committed, then the offender is liable to be punished with imprisonment for a term of 2 years and fine.
 

Nature of the offence

The offence punishable under section 427 of IPC is a non-cognizable offence, meaning thereby, if a person has committed an offence under this section the police can arrest such person without a warrant. An offence under this section is bailable in nature and is liable to be investigated and decided by the Magistrate who is having the authority over the area where such offence has been committed.

FAQ's on IPC Section 427


What offence is defined under IPC 427?

Mischief, and thereby causing damage to the amount of 50 rupees or upwards.


What is the punishment for IPC 427 Case?

The punishment for IPC 427 is 2 Years or Fine or Both.


Is IPC 427 cognizable offence or non-cognizable offence?

IPC 427 is a Non-Cognizable.


How to file/defend your case for IPC 427 offence?

Use LawRato for filing/defending your case under IPC 427 with the help of best criminal lawyers near you.


Is IPC 427 bailable or non-bailable offence?

IPC 427 is a Bailable offence.


In what court can IPC 427 be tried?

IPC 427 is tried in the court of Any Magistrate.



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