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

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.

IPC 427 in Simple Words

If someone causes damage or loss of fifty rupees or more due to mischief, they can be punished with imprisonment up to two years, or fined, or both.

Cited by

• Ajmal vs The State Of Kerala

• Iffco Tokio General Insurance vs Pearl Beverages Ltd

• Mohd Naushad vs State Of Govt Nct Delhi

• Union Of India vs Bali Ramu Pawar and Ors

• M B Suresh vs State Of Karnataka

Section 427, Indian Penal Code (“IPC”) prescribes punishment for the offence of ‘mischief causing damage to the amount of fifty rupees.’ The offence of ‘mischief’ is defined under Section 425, IPC.

In order to understand Section 427, IPC it is important that we first look at Section 425, IPC.
 

Section 425: Mischief

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.
 

Section 427: Mischief causing damage to the amount of fifty rupees

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.

The crux of Section 427, IPC lies in our understanding of what constitutes ‘mischief’ under Section 425, IPC.

Connect with an expert lawyer for your legal issue
 

WHAT IS ‘MISCHIEF’ UNDER SECTION 425, IPC?

Mischief, as defined in Section 425, IPC is a criminal offence that involves causation of damage or destruction to public or private property with the intention to cause or knowing that his act is likely to cause wrongful loss or damage to such person or public.

This penal provision aims to protect the property rights of individuals or public and deter acts of intentional damage or destruction to their property.

The essential ingredients that go into the making of an offence under Section 425, IPC are:

1. That the accused must have caused –

• destruction of any property, or

• change in any property which destroys or diminishes its value or utility, or affects it injuriously, or

• change in the situation of any property which destroys or diminishes its value or utility, or affects it injuriously;

2.     That the accused must have caused the above act to any public or private property;

3.     That the accused must have caused the above act with –

• Intention to cause wrongful loss or damage to such property;

• Knowledge that his act is likely to cause wrongful loss or damage to such property.

So as to understand Section 425, IPC better, let us imagine the following –

-    A introduces water in to an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

-    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.

-    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.

-    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.

-    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.

To constitute mischief, it is necessary not only that wrongful loss or damage to the public, or to any person be intended or be likely, but also that any property be destroyed or any such change should occur in any property or in the situation thereof that destroys or diminishes its value or utility or affects it injuriously.
 

Intention or knowledge

Mischief as defined in section 425, IPC relates not merely to intention, but also to knowledge of the likelihood of wrongful loss being caused. Mens rea or criminal mind on part of the accused is an essential ingredient of the offence of mischief.
 

Wrongful loss or damage

The expression 'wrongful loss or damage’ in section 425, IPC must mean loss or damage by unlawful means of property to which the person losing it is legally entitled. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

For example,

A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
 

Property

Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

For example,

A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
 

Destruction

To constitute the offence of mischief there must be destruction of property. The destruction or change should be contrary to the natural use and serviceableness of the property in question.

Consult: Top Criminal Lawyers in India
 

WHAT IS ‘MISCHIEF CAUSING DAMAGE TO THE AMOUNT OF FIFTY RUPEES’ UNDER SECTION 427?

 Section 427, IPC is a penal provision for the offence of ‘mischief causing damage to the amount of fifty rupees.’

It states that 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.

The minimum punishment for the offence under Section 427, IPC is only fine.

The maximum punishment for the offence under Section 427, IPC is imprisonment for two years and fine.
 

WHAT ARE SOME OF THE LATEST SUPREME COURT JUDGEMENTS ON SECTION 427, IPC?

Some of the famous and the most important judgements on Section 427, IPC are as follows:

1.  Sippattar Singh v. Krishna –

In this case it was held that Section 425, IPC contemplates some direct act on the part of the mischief doer, either personally or through someone else, which leads to any of the results mentioned in the section. To convict a person under section 425, IPC it is necessary that the loss or damage must be due to any act of the accused which causes destruction of the property itself by reducing its value or utility.

2.  Nibin Chandra Gogoi v. State of Assam –

In this case it was held that where no one has any proprietary right to the property such as in a case of a wild animal or a bird, the killing of that animal does not come within the ambit of Section 425, IPC. Similarly, the fish in a public river are not property in the possession of anyone and hence cannot be committed mischief upon unlike fish in a private reservoir is property of the owner.
 

3. Juggeshwar Das v. Koylash Chunder Chaterjee –

In this case the facts were that the accused was the servant of the owner of a hut in which the complainant had a stall. The complainant wanted to shift the stall to another hut and for that purpose loaded his goods in a cart. He was resisted by the accused who refused to permit him to shift and, on the complainant's insisting upon so doing, the accused overturned his cart throwing the boxes on the road. It was held by the Court that a case of mischief had been committed because the act of the accused had diminished the value of the goods as they were injuriously affected.

4.  Murugappa v. Morungamuthu –

In this case it was held that the word ‘mischief’ under Section 425, IPC has been used in a special sense as implying the causing of such unlawful injury to property as is punishable by law. The first and most essential element is the intent to cause or knowledge that he is likely to cause wrongful loss or damage to the public or to any person.

Connect with an expert lawyer for your legal issue
 

WHAT IS THE PROCEDURE FOR TRIAL UNDER SECTION 427, IPC?

In India, the mechanism for criminal justice delivery assumes shape of a criminal trial which is governed by the Code of Criminal Procedure, 1973 (‘CrPC’).

The trial under Section 427, IPC takes a journey similar to the trials conducted for other criminal offences. Broadly, the procedure for a trial takes the steps - as have been enumerated below, beginning from the filing of an FIR to the final verdict by the court:
 

1. Investigation - FIR, Arrest, Remand and Bail under Section 427, IPC

i. First Information Report (FIR) - Criminal procedure is set into motion with the filing of an FIR or First Information Report under Section 427, IPC by the victim or an aggrieved person. This marks the beginning of investigation by police into the case of cheating under that Section.

ii. Arrest -FIR is soon followed by the arrest of the accused person (person who has allegedly committed the offence) by the police and his subsequent production before the Magistrate. Such production must be made within 24 hours of the arrest of the accused person.

iii. Remand/ Custody - At the time of such production if the investigating officer believes that the investigation under Section 427, IPC cannot be completed within 24 hours i.e., the police need more time with the accused for the purpose of interrogation etc., the officer will file an application before the same Magistrate seeking an extension in custody of the accused. Now, depending on the discretion of the Magistrate, such detention may be authorised in police custody i.e., a lock-up or in judicial custody i.e., jail.

However, it is to be noted that a Magistrate cannot authorise detention of an accused in police custody for a period exceeding the initial 15 days (from the date of the production of the accused before the Magistrate).

On the other hand, a Magistrate under Section 167 (2)(a), CrPC may authorize the detention of the accused in judicial custody beyond the period of initial 15 (fifteen) days, if he is satisfied that adequate grounds exist for doing so. However, no magistrate shall authorize custody for more than -

-  Ninety days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment for a term not less than ten years;

-  Sixty days, where the investigation relates to any other offense.

iv. Bail - If upon the expiry of sixty or ninety days, as the case may be, the police is unable to complete the investigation and file a chargesheet (under Section 427, IPC) with the Magistrate, the accused is entitled to default bail i.e., such bail is compulsorily granted to the accused provided he applies for and furnishes bail.

However, during the sixty- or ninety-day period, as the case may be, while the accused is still under custody of the police or otherwise for the offence under Section 427, IPC, he may keep pushing for the grant of regular bail under Section 437 or 439, CrPC by the Magistrate or the High Court/ Sessions Court, respectively.
 

2. Filing of Final Report by the Police

The police after completing the investigation under Section 427, IPC would have to file a final report under Section 173, CrPC. This marks the conclusion of the investigation which is aimed at collecting evidence surrounding the commission of the offence under that Section.

The final report may take one of the following forms:

a. Closure Report

b. Charge Sheet

Closure Report

If the evidence collected against the accused is found to be deficit i.e., there is not enough evidence to support prosecution of the accused under Section 427, IPC, before a Court of law justifying his further detention in the custody, then the police will file a closure report under Section 169, CrPC and release the accused on his executing a bond/ signing an undertaking for his appearance, if and when so required, before a Court or Magistrate.

In other words, a closure report is filed when the police have little or no evidence in support of the fact that the offense under Section 427, IPC has been committed by the accused under custody.

The police officer is bound to notify the informant (who gets an FIR lodged) the fact that a final report relating to his case under Section 427, IPC has been submitted to the Magistrate.

Upon presentation of the closure report to the Magistrate, he is open to proceed with any of the following four options:

1) He may accept the closure report and refuse to take cognizance of the offence. The result in that case will be that the case would not proceed further.

2) He may reject the closure report and instead take cognizance of the offence under Section 190, CrPC.

The result in that case will be that the case would proceed to the next stage.

3) Without rejecting the closure report he may direct the investigating agency to conduct further investigation into the matter, if he thinks that there is some lacunae or gap that needs filling-up.

4)  If an informant challenges such closure report by filing a protest petition, the Magistrate or Court shall proceed to adjudicate upon the same following which he may take or refuse to take cognizance of the offence.

If the Magistrate takes cognizance of the offence under Section 190, CrPC he would issue summons to the accused, under Section 204, CrPC thereby directing his appearance before himself.

Charge Sheet

If the evidence collected against the accused is found to be sufficient i.e., there is enough evidence to support prosecution of the accused under Section 427, IPC before a Court of law and that justifies his continued detention in the custody, then the police will file a charge sheet under Section 173, CrPC and will forward the accused under custody to the Magistrate under Section 170, CrPC.

A charge sheet is a formal police record which is drawn out in a format prescribed by the State, stipulating the various particulars relating to the case, like names of the parties involved, nature of the accusations levelled, list of witnesses, statements of witnesses recorded during their examination under Section 161, CrPC, whether any offense appears to have been committed and, if so, by whom, whether the accused has been arrested and
whether he has been forwarded in custody under Section 170, CrPC or whether he has been released on his bond, list of objects seized and other documentary evidences that the prosecution seeks to rely on.

Once the Magistrate takes cognizance on the charge sheet, he shall issue warrant (as per the offence under Section 427, IPC) to the accused thereby securing his attendance before himself on a given date.

The Magistrate on the date fixed will conduct a hearing on charges and may consequently either discharge the accused and close the case, or he may frame the charges against the accused under Section 427, IPC and post the case for trial.

Consult: Top Criminal Lawyers in India
 

3.  Plea of Guilty or Not Guilty by the Accused

After the charges have been formally framed under Section 427, IPC, they will be read over and explained to the accused by the Magistrate/ Court. Thereafter, the accused would be asked whether he pleads guilty to such charge of cheating or not.

If the accused pleads guilty, the Magistrate shall record such plea and may convict him for the offence of cheating under Section 427, IPC. However, it is to be noted that the responsibility lies with the Magistrate to ensure that the plea of guilt is made voluntarily by the accused and that is why he reserves the discretion with himself to convict the accused on such plea.

If the accused doesn’t plead guilty i.e., if he claims trial, the Magistrate shall post the case for trial.
 

4.  Evidence for Prosecution

On the day fixed for the prosecution evidence, the Magistrate/ Court invites the prosecution to lead evidence and prove the guilt of the accused beyond reasonable doubt. The prosecution may establish the guilt with the help of either oral or documentary evidence.

The prosecution witnesses are summoned and examined and are asked to produce any document or thing in support of their version of events.

These witnesses may be subject to cross-examination if the defence counsel so desires.
 

5. Statement of the Accused

After the prosecution concludes its evidence, the same is put to the accused i.e., he is given an opportunity/ chance to explain the circumstances appearing in evidence against him and to say in his defence what he wants to, in his own words. This mandate is captured under Section 313, CrPC. The purpose of such statement is to establish a direct dialogue between the Court and the accused so as to enable him to explain the incriminating material.

This statement is not taken on oath and anything recorded as part of it can be used against the accused at a later stage.
 

6. Evidence for Defence

After recording the statement of the accused, the Court invites the defence to present evidence, if any. The accused, however is not mandatorily required to enter upon his defence as the burden of proof lies on the prosecution to prove the charge against him beyond reasonable doubt.

If the accused has any evidence (oral or documentary), it is presented before the Court at this stage. This is an opportunity for him to punch holes in the prosecution story for which it can call upon and examine witnesses or request production of a document or a thing.
 

7. Final Arguments

As per Section 314, CrPC, after the close of the evidence both parties take turns - first, the prosecution and then the defence - to make final oral arguments in front of the Magistrate or Court. Final arguments are presented by the Public Prosecutor and the Defence counsel.
 

8.  Judgment

After examining the facts and circumstances of the case, analysing the evidence produced by both the parties in support of their versions and hearing the arguments advanced by each of them, the Magistrate/ Court decides, based on strong reasons, whether to convict or acquit the accused. This is known as ‘pronouncing a judgment’.

If the accused is pronounced ‘guilty’ upon trial, he is convicted of the charge under Section 427, IPC and if pronounced ‘not-guilty’, he is acquitted of the charge under Section 427, IPC. The above is recorded in a judgement.

If the accused is convicted, then both sides are heard on quantum of sentence i.e., what punishment should he be given. This is usually done if the punishment prescribed is that of life imprisonment or death.

After hearing the arguments on the sentence, the court finally decides what punishment should the accused be sentenced to. Various theories of punishment are considered like the reformative theory and the deterrent theory of punishment etc. Also, considerations like age, background, and history of the accused are given due weightage before arriving at a decision on the punishment.

Connect with an expert lawyer for your legal issue
 

WHAT IS THE PROCEDURE FOR APPEAL UNDER SECTION 427, IPC?

The fundamental principles of appeal under CrPC are as follows:

• An appeal is a creation of statute.

• There is no inherent right to file an appeal.

• There is no appeal only against conviction.

• There is no appeal in petty cases.

• Generally, there is no appeal on conviction on a plea of guilt.

It is important to note that, apart from the procedure set out in the CrPC or other applicable laws, a criminal court’s decision or order cannot be appealed against. Therefore, there is no inherent right to appeal, and even the first appeal is subject to statutory limitations. The justification behind this principle is that the courts that preside over a case are assumed to be capable and qualified to ensure that the trial is carried out impartially. However, as per the Section 372, CrPC the victim has a right to appeal against any order passed by the Court under special circumstances comprising of a judgment of acquittal, conviction for lesser offence or inadequate compensation.

Generally, same sets of rules and procedures are employed to govern the appeals in the Courts of Session and High Courts (highest court of appeal in a State and enjoys more powers in matters where appeal is allowed). The highest court of appeal in the country is the Supreme Court and hence, it enjoys wide discretionary and plenary powers in the cases of appeals. Its powers are largely governed by the provisions laid down in CrPC, Indian Constitution, and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

The law provides a person who has been convicted of a crime to appeal to the Supreme Court or the High Court or the Sessions Court as per the circumstances.

The accused has been given the right to appeal to the Supreme Court against the judgment of the High Court if the High Court has reversed an order of his acquittal on appeal by convicting him, thereby, sentencing him to imprisonment for life or for ten years or more, or to death.

A similar right to appeal has been granted to one or all accused persons if more than one person has been convicted in a trial and such order has been passed by the court.

However, there are certain circumstances under which no appeal would lie. These provisions have been laid down under Section 265G, Section 375 and Section 376 of the CrPC.
 

CAN A POLICE-OFFICER MAKE AN ARREST UNDER SECTION 427, IPC WITHOUT WARRANT?

No, since the offence under Section 427, IPC is a non-cognizable offence, a police officer cannot arrest a person suspected to have committed such offence without warrant from the Court having authority over the area where such offence has been committed (a warrant is a Court-order authorising a police officer to carry out an arrest).
 

IS THE OFFENCE UNDER SECTION 427, IPC, BAILABLE?

Yes, the offence under Section 427, IPC is bailable.
 

HOW TO GET BAIL IF CHARGED UNDER SECTION 427, IPC?

Since the offence under Section 294, IPC is a bailable one, an accused arrested in the alleged commission of the same can apply for bail before the Investigating Officer, or if he is forwarded to the Court of Magistrate, before such Magistrate. Bail in a bailable offence can be granted by both the Court or the Investigating Officer.

In a bailable case, an accused is entitled to bail as a matter of right; it is not a favour bestowed on him by the authorities.

In such offences, the Officer or the Court does not reserve any discretion in the grant of bail. Bail can be claimed as of right and there is a statutory duty imposed upon the Police Officer as well as the Court to release a person on bail if he is prepared to give bail.

Hon’ble Supreme Court has held in a case that as soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to release him on such terms as to bail as may appear to the officer or the court to be reasonable. It would even be open to the officer or the court to discharge such person on his executing a bail-bond as provided in Section 436, CrPC instead of taking bail from him. Though bail, in bailable offences, is a matter of right, the accused can be remanded to custody for breach of the conditions of bail/bail bond.

Bail-Bond is a document of promise signed by the accused whereby an accused is set at large on the condition that he will not flee the authorities, will cooperate in investigation, will not threaten witnesses or tamper with the evidence.

Bail is a document whereunder an accused and/or his surety is required to deposit security in the form of either cash or property papers (RC of a vehicle etc.,) with the court/police with the view to ensure accused’s compliance with the conditions of the bond. In the event of its non-compliance the security amount will be forfeited.  (Surety is the person who gives guarantee for the compliance of the bail conditions by the accused and that he will present himself before the court/police as & when required).

It is beneficial to take assistance from an experienced criminal lawyer in matters of bail.

Consult: Top Criminal Lawyers in India
 

IS THE OFFENCE UNDER SECTION 427, IPC, COMPOUNDABLE?

As per Section 320, CrPC the offence under Section 427, IPC is compoundable i.e., law allows for a compromise to be recorded between the victim (the person to whom loss or damage is caused) and the offender.

TESTIMONIALS

1. “I had a fight with my neighbour about the car parking arrangement outside our houses. He out of spite keyed my car. This is captured in the CCTV camera installed outside my house. My neighbour has always been a nasty person to deal with and this time I decided that I will take the legal action against him. I booked a consultation with a lawyer from Lawrato and discussed the facts with him. He told me that my neighbour’s actions constitute mischief under Indian penal code. I filed an FIR against my neighbour in the local police station and also showed them the CCTV footage. I am happy that I am taking action against my neighbour.”

-       Binod Kumar

 

2.     My uncle and my father are co-owners of an agricultural land in Mathura. My uncle has an age-old rivalry with my father and he always keeps interfering in our lives. This time he caused his cattle to enter upon our field and destroy our farm produce. My father incurred heavy losses due to that. Despite my father’s protest I booked an online consult with a lawyer from Lawrato who informed us about the crime of mischief. I urged my father to take the matter up with the nearest Court as guided by the lawyer. I am hopeful that our filing of the complaint will stop further nuisance from our useless uncle.

 -        Soniya SIngh
 

WHY DO YOU NEED A LAWYER FOR A CASE UNDER SECTION 427, IPC?

Being charged with an offence, whether major or minor, is a serious matter.

Someone who is accused of a crime faces the possibility of severe penalties such as being incarcerated or having to pay significant fines. In addition, they may also experience adverse social outcomes, such as being stigmatized by having a criminal record associated with their name. This can result in a damaged reputation that can impact both their personal and professional life. Furthermore, they may have to endure costly, protracted, and emotionally taxing legal proceedings. While some legal matters can be handled alone, a criminal arrest of any nature warrants legal advice of an expert criminal lawyer who can guide you about your rights and secure the best possible outcome for your case.

If you’re facing criminal prosecution, a criminal lawyer can help you understand:

• The nature of the charges filed;

• Your rights before and after an arrest;

• Any defences that may be available;

• What plea bargains are likely to be offered; and

• What is expected after trial or conviction.

One should ideally prepare a timeline of events and take it down on a piece of paper so that it is easier to brief the lawyer about the case. This will also help the lawyer to formulate a strategy to successfully conduct the trial and convince the court to adjudge in your favour.

Additionally, it is crucial to have a comprehensive understanding of the relevant laws regarding the case. It is advisable to have a discussion with the lawyer and obtain an understanding of the legal process and the applicable regulations. It is equally important to conduct your own investigation and comprehend the potential risks involved, as well as how to mitigate them.

Hence, having by your side a criminal lawyer can prove to be of immense help when charged with an offence as under section 427, IPC.