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Writer's picturethelila500
Jan 20, 20233 min read

Is Destroying Public Property Is Criminal Offence

According to Section 425 of the Indian Penal Code of 1860, mischief is defined as any act that is committed with the intent to cause or is aware that the act is likely to cause some damage or destruction to any property by destroying or diminishing its value as well as its utility by causing a disproportionate loss to the public or harm to any individual.


In simple words, it can be said that mischief is committed when a person knows they are about to do something or wants to do something that will make it difficult for someone else to benefit from their property in some way which can cause irreparable loss to any public as well as private property.


Essential Ingredients of Section 425 of the Indian Penal Code

  • Intentionally Causing Wrongful Damage or Loss- The most crucial component of any conduct that constitutes mischief is Mens Rea. The accused must know or intend to harm someone or cause disproportionate property damage. Mischief can be defined as any action that is done with the aim to harm or cause unjustified loss.

  • Unjustified Loss or Damage- When engaging in mischief, the crucial aspect should be focused on inflicting "destruction to the property," "damage," or "wrongful loss" to the general public or any particular person, as these actions will serve as the mischief's Actus Reus. The accuser may have the purpose of wrongfully harming or losing someone.

  • Causing any Change or Destroying any Property- It is crucial that harm is inflicted in some way, and the damage must result directly from the accused crime. Another way to make mischief is to destroy or change any property.

  • Destroys or Damages the Value, etc.- Mischief is when something is intentionally damaged, such as when an exam paper is leaked or when crucial files and folders are purposefully lost when needed. The owner of the object, not the accused, shall determine the object's utility.

Scope of Section 425 of the Indian Penal Code

  • Under Section 425 of the Indian Penal Code mischief is defined as any act which results in wrongful loss or damage to property. This section covers both private and public damages and has a wide range of applications.

  • The most crucial aspect, however, is that it won't apply if the ingredient of Mens Rea is missing. Furthermore, it is not necessary that the accused had a good reason for the "mischief" or should have benefited from it.

Role of Lawyers in the case of Mischief

  • They Help in Presenting Exculpatory Evidence- If prosecutors don't think you committed the alleged crime, they can't press charges. A prosecution must establish your guilt beyond a reasonable doubt in order to secure a conviction. Therefore, it is the role of the lawyer to present the right proof and evidence in court to dismiss the charges against you.

  • They Help to Show that the Fundamental Rights are Violated- If your lawyer sees that your fundamental rights are violated and communicate with the court, a judge may order the prosecution to pay a fine. Usually, a court punishes the prosecution by eliminating certain facts or witnesses from the case. If its evidence is lost, a prosecutor may decide to drop the charges.

  • They File Motions- Additionally, your lawyer may submit a request asking the court to drop the charges. Most judges give the prosecution the benefit of the doubt and infrequently drop charges by themselves. However, under the correct situation, a prosecutor could provide evidence that is so deficient that a court would be forced to drop the charges.

  • They Protect against Heavy Penalties- A lawyer acts as a defense against aggressive prosecutors. They assist in establishing your case and avoiding harsh penalties.

You will need a knowledgeable Criminal lawyer who can assist you in establishing a legal defense to refute a mischief accusation. If a criminal case under Section 425 is filed against you in Kolkata, then a Criminal Lawyer in Kolkata can be appointed. If a criminal case under Section 425 is filed against you in Bangalore, then a Criminal Lawyer in Bangalore can be hired. Likewise, a Criminal Lawyers in Delhi can be assigned if a criminal case under Section 425 is filed against you in Delhi.


You can talk to a lawyer from Lead India Law. You can ask a legal question online for free at Lead India Law. It gives you access to free legal advice online.


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