Index
1. Introduction
2. Mischief Under Section 427
3. Filing a Case (427 IPC)
4. Key Features of Section 427
5. Illustrations of Section 427
6. Examples for Clarity
7. Further Details on 427 IPC
8. Non-Applicability of Section 427
9. Nature of the Offence
10. Punishment Under 427 IPC
11. Trial Procedure (Section 427)
12. Recent Supreme Court Rulings
13. Case Laws
14. Conclusion
15. FAQs on Section 427 IPC
Introduction
The offense of Mischief is enumerated under Section 427 of the Indian Penal Code, keeping in mind with this segment of Mischief, whoever designedly or with knowledge commits such an act that eventually causes wrongful loss or harm to the massive public or an individual or causes damage to their belongings which ultimately diminishes its value or affects the character, commits the offense of mischief.
Understanding the Offense of Mischief under Section 427
Section 427 of the Indian Penal Code defines the offense of “mischief,” which occurs when a person, with intent or knowledge that their actions are likely to cause wrongful loss or damage, destroys or alters property in a way that diminishes its value or utility.
Legal Definition of Mischief:
“Whoever, with the intent to cause or knowing that they are likely to cause wrongful loss or damage to the public or to any person, destroys or changes any property, thereby reducing its value or utility, commits ‘mischief.'”
Key Explanations:
- Explanation 1: It is not necessary that the offender intends to harm the owner of the property. It is enough if they intend, or know they are likely, to cause wrongful loss or damage to any person by injuring property, regardless of ownership.
- Explanation 2: Mischief can be committed against property owned by the offender themselves or property jointly owned with others.
Overview of Sections 427 to 440 of the IPC:
Sections 427 to 440 describe aggravated forms of mischief, categorized by the extent of the damage caused and the corresponding punishments. These sections outline the penalties based on the severity of the offense, with Section 427 focusing on cases where the damage amounts to fifty rupees or more.
Section 427: Mischief Causing Damage of Fifty Rupees or More
Section 427 addresses mischief that results in damage or loss valued at fifty rupees or more. The punishment for this offense includes imprisonment of up to two years, a fine, or both.
Legal Text of Section 427:
“Whoever commits mischief and thereby causes loss or damage amounting to fifty rupees or upwards shall be punished with imprisonment of up to two years, a fine, or both.”
Requirements for Filing a Case Under IPC Section 427
To establish an offense under Section 427 of the Indian Penal Code certain conditions or prerequisites must be met. These include:
- Intent or Knowledge: The person committing the act must have either the intent to cause wrongful loss or damage or knowledge that their actions are likely to result in such loss or damage. This mental element is essential to constitute mischief.
- Destruction or Alteration of Property: There must be a direct act of destruction, alteration or injury to property. This includes any change that diminishes the value or utility of the property or affects it injuriously.
- Damage Amounting to Fifty Rupees or More: The wrongful loss or damage caused must be of the value of fifty rupees or more. This specific threshold of damage is what differentiates Section 427 from lesser forms of mischief under the law.
- Impact on Any Person: The wrongful loss or damage must be caused to any person, regardless of whether the offender directly intended harm to the owner of the property or not. The focus is on the impact of the act, not just the relationship between the offender and the property owner.
- Property Type: The property affected can belong to the offender, to another person or can be jointly owned by the offender and others. What matters is the act of damage to the property.
If these conditions are satisfied, an individual may be charged under Section 427 for committing mischief with aggravated consequences.
Key Features of Section 427 IPC
- Mischief is characterized by an act intended to cause loss or damage of not less than fifty rupees.
- In punitive measures, the offense is punishable by a fine, a maximum of two years imprisonment or both.
- In this scenario, the law allows the offender to be arrested without warrant so the police are able to arrest the suspect without a warrant.
- Since mischief under Section 427 is non-cognizable, the concerned magistrate, residing in the area where the offence is committed, may investigate and decide it.
- All the offence may be tried by any magistrate in the trial court.
- Under this particular Section, the person who suffers damage may, at his election, compound the offence of mischief.
Illustrations for Section 427 IPC
- A tries to vandalise his friend B’s high-end motorcycle. He pleads with B to help him out and then intentionally drives along a clear stretch of road with the evident intention of wrecking it against a banyan tree. In this instance, A operates the motorcycle at high velocity and purposes into a banyan tree with the intention of causing destruction to B’s motorcycle. According to section 427 of the Indian Penal Code, A is liable for mischief since the motorcycle in question is of more than Rs. 50 in value.
- A torches B’s rental window all in the name of waging war against his neighbour. Therefore, A destroys his entire window and what is in the vicinity of it. Here, since the value of the property destroyed was over Rs. 50, A is treated as a criminal for mischief under Section 427 of IPC.
Examples of Section 427 for easy understanding
- If Ram burns down the valuable security belonging to Shyam with the intention to cause Shyam wrongful loss, then the act Ram committed is an offence punishable u/Section 427.
- If Gita throws the ring belonging to Sita into the river with the intention to cause wrongful loss to said Sita, then the act Gita committed is an offence punishable u/Section 427.
More about Section 427
Thus, Section 427 is part of Section 425 of the Indian Penal Code that describes the offence of mischief primarily based on the valuation amount of rupees fifty or more. Section 427, there needs to be an intention to cause damage or wrongful harm to the public or an individual through an accused. The biggest difference in each Section is the degree of the harm prompted to the aggrieved party.
Non-applicability of Section 427
However, Section 427 isn’t always applicable in cases in which the accused has devoted an act without a goal or motive or without the know-how that such action would motive damage to the public or another person.
For instance, the removal of tea stalls by way of an order from a government officer no longer serve motive offence or mischief. This segment is also no longer to be had for the cost of harm much less than fifty rupees.
Nature of Section 427
- Offence stated u/Section 427 is Non-Cognizable, which means in such cases, police cannot arrest without a warrant of arrest.
- The offence stated u/Section 427 is Bailable in nature.
- Offense u/Section 427 is liable to be investigated by any Magistrate under whose jurisdiction offence is committed.
- Offence u/Section 427 is Compoundable at the discretion of the person to whom the said damage is caused.
- The proceedings of offences u/Section 427 are held in Trial Courts.
- Offence u/Section 427 is punishable with imprisonment up to two years or a fine or both.
Punishment u/Section 427
As we all know, the nature and extent of punishment depend upon the gravity of the offence committed. The Offence u/Section 427 is punishable with imprisonment up to two years or a fine or both, depending upon the graveness of the act committed. Compoundable by the person to whom the loss or damage is caused.
What Is The Procedure For Trial Under Section 427 IPC
Criminal trials happen to be the format in which criminal justice is delivered in India. Consequently, the Code of Criminal Procedure, 1973 (the “CrPc”) governs criminal trials.
The process of a trial under Section 427 of the IPC is much the same as followed for other crimes. Generally, the approach for a trial follows the following steps – as are stated below, from filing of FIR to the final judgment pronounced by the court:
1. Investigation – FIR, Arrest, Remand and Bail under Section 427, IPC
- First Information Report (FIR) – The initiation of the investigation into the case of cheating in that particular Section is marked by the filing of an FIR or First Information Report under Section 427, IPC by the victim or any other aggrieved individual. In the event that an offence is committed or the police Officers are called to intervene, the complaint is usually reported to the police and an FIR recorded.
- Arrest – The subsequent step after the filing of an FIR is the arrest of the person accused of committing the crime by the police who will then present the arrested person in front of the Magistrate. Such presentation has to be done within 24 hours from the time of arrest of the accused.
- Bail – In respect of the expectation relating to the investigation being completed and a chargesheet submitted to the Magistrate, two conditions apply, namely service of sixty or ninety days ‘as the case may be; after which if a police officer fails to investigate and file charges against a defendant he is automatically entitled to default bail that is obligatory by law imposed on the defendant if the defendant qualifies and seeks bail.
Notwithstanding the provision of the previous sub-paragraph, within the sixty or ninety days period while the accused is still in the custody of officers of the court for the offence under Section 427, IPC, he may also apply for bail under the regular chirps of Section 437 or 439, CrPc before Magistrate, or High Court/ Sessions Court respectively.
- Remand/ Custody – By the time of such production, if the investigating officer is convinced that the investigation under Section 427, IPC, cannot be completed within 24 hours i.e., the police need more time with the accused for purposes of interrogation etc., the officer will move the same magistrate seeking an order for extension of the accused’s custody. Whereupon, given the magistrate’s evaluation, authorization of such detention may consist of detention in both police custody e.g. a lock-up as well as judicial custody i.e. a prison.
It should be remembered that a magistrate cannot grant remand in police custody for more than the minimum period of 15 days.
On the other hand, a Magistrate under Section 167 (2)(a), CrPc may authorise 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 authorise custody for more than –
- Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term not less than ten years;
- Sixty days, where the investigation is connected with any other crime.
2. Filing of Final Report by the Police
Once the probe is finished under Section 427 of the Indian Penal Code the police would have gone ahead to prepare and submit to court a final report under Section 173 of the Criminal Procedure Code. This is the last stage of baby which is in fact directed towards showing that the offence under that Section has been committed or is likely to be committed.
The final report may take one of the following forms:
- Closure Report
If the evidence collected against the accused is 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.
That is to say, a closure report is filed by the police if they have very meagre or no material to prove the fact that the offence under Section 427, IPC has, in fact been committed by the accused while in custody.
The police officer is to inform the informant, who gets an FIR lodged, the fact that a final report relating to his case under Section 427, IPC has been furnished before the Magistrate.
Upon the presentation of the closure report to the Magistrate, he may accept any one of the foregoing four options of action.
1) He accepts the closure report and refuses to take cognizance of the offence. In that case, the result will be that the case would not proceed further.
2) He rejects the closure report and chooses to take cognizance of the offence under Section 190, CrPc.
In that case, the consequence would be that the case would proceed to further stage.
3) He may not reject the closure report. He may again ask the investigating agency to deepen its probe into the matter if the learned judge feels that there is some lacunae or gap that needs filling-up.
4) If such a closure report is challenged by an informant filing a protest petition, the Magistrate or Court shall proceed to adjudicate upon it 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 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 drawn out in the format prescribed by the State stating various particulars pertaining to the case. It contains names of parties involved, nature of accusations levelled, list of witnesses and statements of witnesses recorded during examination under Section 161, CrPc; if it appears that any offense has been committed and 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 shall hold a preliminary enquiry into the charges; he may consequently either acquit 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.
3. Plea of Guilty or Not Guilty by the Accused
After the charges are framed under Section 427, IPC formally, they shall be read over and explained to the accused by the Magistrate/Court. The accused would then be asked whether he pleads guilty to such charge of cheating or not.
If the accused pleads guilty then Magistrate shall put down such plea and may sentence him for the offence of cheating u/s 427, IPC. However, it is to be noted that responsibility goes to the Magistrate to see whether the plea of guilt is made voluntarily by the accused or not and that is why he reservers his discretion with himself to sentence the accused on such plea.
If the accused declines to plead guilty i.e., if he asks for trial, the magistrate shall schedule the case for trial.
4. Evidence for Prosecution
When the date fixed for the prosecution evidence arrives, the Court is one of the parties that urge the prosecution to lead evidence and prove that the accused is guilty beyond reasonable doubt. Prosecution may seek to prove such guilt either by calling witnesses to give oral evidence or producing documentation in evidence.
The prosecution proceedings witnesses are called in and examined and also called upon to bring any relevant document or item to back the particular witness’s account.
Defense counsel may wish to elicit testimony from such witnesses for the purposes of cross-examination.
5. Statement of the Accused
After the Prosecution has finished with its case, the same is put to the accused, in that he is given an opportunity/ chance to refute any incriminating evidence that has been adduced against him and to make any defense that he wishes to make in his own words. This injunction is provided for under Section 313 of the CrPc. The objective of such statement is to promote active exchange between the Court and the accused.
It is not made under oath and everything which is so recorded can be used against the accused, later on.
6. Evidence for Defence
The next step after taking the statement of the accused is to call upon the defence side to give evidence, if there is any available. But the accused is not necessarily bound to present his case because the prosecution has the onus of proving the case against him.
Any evidence (whether oral or in writing) that the accused has, will be offered at this point. He has a right at that stage to call witnesses and/or produce documents or objects in order to attack the evidence of the prosecution.
7. Final Arguments
As provided in 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 before the Magistrate or Court. Final arguments are done by the Public Prosecutor and the Defence counsel.
8. Judgement
After analyzing all the evidence produced by both the parties in support of their respective versions, after hearing the arguments advanced by each of them, on strong reasons, the Magistrate/Court decides whether to convict or acquit the accused. This is called ‘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.
The convict is sentenced and thereafter both parties are presented with quantum of sentence that is, what punishment he should receive. This is usually done in case the punishment provided is the one of life imprisonment or death.
After the arguments on the sentence, the court finally decides on the punishment that shall be meted out to the accused. Various theories of punishments are taken into consideration, like the reformative theory and deterrent theory of punishment etc. Also, considerations as regards to the age, background and history of the accused are given due weightage before deciding on the punishment.
What are some of the most recent rulings on Section 427, IPC, from the Supreme Court?
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 has been understood that provision 425 of the IPC discusses an act directly done by a wrongdoer, which may be either directly or through any third party that leads to one of the results enlisted under the provision. For the person to be vicariously liable under section 425 of the IPC, loss or damage must have been caused owing to an act done by the same person who committed it by reducing its value or utility, thereby causing its destruction.
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. In the same way, the fish in a public river are not property in the possession of anybody and thus cannot be committed mischief upon unlike fish in a private reservoir is property of the owner.
3. Juggeshwar Das v. Koylash Chunder Chatterjee
The complainant had a stall in a hut owned by the accused in this case. The accused was the hut owner’s servant. The complainant loaded his products onto a cart in order to shift the stall to some other hut. He tells that he was resisted by the accused and not allowed to move. When he insisted on moving, the accused flipped the cart over and threw the boxes onto the road. The court ruled that, indeed mischief had been committed since it is the nature of the acts that were carried out by the accused that damaged those items and, thus decreased their worth.
4. Murugappa v. Morungamuthu
As can be seen, the approach adopted in this case was that the term ‘mischief’ used in Section 425 of the Indian Penal Code would mean damage to property that can be construed as willful trespass and destruction of property. The causing of or knowledge that he is about to cause information loss or injury to public or to any particular person is the first and the most essential element.
Case laws
Md. Kausar Ali v. the State of Jharkhand (2020)
In this situation, the complainant had the land due to her being a registered owner based on a sale deed obtained for valuable consideration and hence was the only owner. The State, who owned, had no interest in, or possession of the land in question, is presented as the accused in this case. However, in March and April 2009, the accused commenced the deposition of iron ore, stones and other construction materials on the complainants portion of land.
Due to this, the value of arable land started to deteriorate costing him over ten thousand rupees. As a consequence, he could not farm the said agricultural plot. A complaint was subsequently lodged under section 447 and section 427 of the Indian Penal Code. It was further contended that the present case is a civil dispute and not a criminal dispute.
In this case, it was held that the conditions of Sections 447 and 427 are satisfied because the acts of the accused resulted in the wrongful appropriation of the complainant’s land and made the latter’s soil unusable for the future. The Court further elaborated that although the case deals with land, criminal law will take over rather than civil law because all the conditions of a crime are satisfied in this case.
Kashiben Chhaganbhai Koli v. State of Gujarat (2008)
The original owner of the agricultural land was who is defendant to this case. She accepted the sum of Rs. 1,45,000 from the complainant for this very land. Therefore, the complaint first deposited Rs. 40,000 by cheque and then paid the sum of Rs. 60,000. When the balance amount was paid, she gave him the ownership right of the land.
In addition to that, the complainant developed that land and also raised a sugarcane plantation. He uprooted one crop of sugarcane and then left the field, hoping that it would grow back. Nevertheless, on January 1995, the appellants committed an illegal act of trespass into the property and tilled it with their tractors resulting in great loss to the complainant’s crop. In this case, the respondent vituperated the complainant.
The Gujarat High Court held the accused liable for the offense through the Atrocities Act of 1989 and section 427. In this case, the court declared the culprit guilty because he was proved to smash the sugarcane fields of the complainant using his tractor.
Conclusion
Mischief is one such offence that may be found in everyday existence consisting of the destruction of vital such things as cellular, furnishings, land and every other property, that affects the person. To hold an accused accountable for this offence, it’s far crucial to have the intention at the back of committing such an act. And such an aim should be to reason damage to one’s belongings.
If some sort of wrongful loss to your belongings, valuables, or holdings, is caused by such act then it is highly advisable to seek legal consultation or guidance from experts.
Frequently Asked Questions On Section 427 of The Indian Penal Code
Q1. What is Section 427 of the Indian Penal Code?
Ans1. Section 427 of the Indian Penal Code defines the offense of mischief causing damage to the amount of fifty rupees or more. It establishes that anyone who commits mischief and causes loss or damage of this amount is punishable with imprisonment for up to two years, a fine, or both.
Q2. What constitutes mischief under Section 427?
Ans2. Section 427 specifically addresses cases where such mischief results in damage valued at fifty rupees or more.
Q3. What are the prerequisites for a charge under Section 427?
Ans3. To hold someone guilty under Section 427, there must be an intention to cause damage, actual damage or loss incurred and the valuation of that damage must be fifty rupees or more.
Q4. What are the punishments under Section 427 IPC?
Ans4. Under Section 427, the punishments include imprisonment for up to two years, a fine, or both, depending on the severity of the offense.
Q5. Is the offense under Section 427 cognizable?
Ans5. No, the offense under Section 427 is non-cognizable, meaning police cannot arrest without a warrant.
Q6. Can the victim of mischief compound the offense under Section 427?
Ans6. Yes, the offense under Section 427 is compoundable, allowing the victim to choose whether to settle the matter without pursuing legal action.
Q7. How does Section 427 differ from Section 425?
Ans7. While Section 425 addresses the general offense of mischief, Section 427 specifies aggravated mischief based on the monetary value of damage, focusing on cases where the damage exceeds fifty rupees.
Q8. Can actions taken without intent still fall under Section 427?
Ans8. No, actions taken without intent or knowledge that they would cause damage do not fall under Section 427.
Q9. What kind of acts can be classified as mischief under Section 427?
Ans9. Acts such as vandalism, property destruction, or any intentional act causing damage valued at fifty rupees or more can be classified as mischief under Section 427.
Q10. What is the procedure for trial under Section 427 IPC?
Ans10. Trials for offenses under Section 427 are conducted in trial courts, governed by the Code of Criminal Procedure, 1973 (CrPc), which outlines the judicial process for criminal cases.
Q11. Can A Police Officer Make An Arrest Under Section 427 Ipc Without Warrant?
Ans11. No, because the offense under Section 427 of the IPC is not recognized as a crime, a police officer cannot make an arrest of someone who they believe has committed the crime without a warrant from the court that has jurisdiction over the scene of the crime (a warrant is an order from the court allowing a police officer to make an arrest).
Q12. Is The Offence Under Section 427 IPC Bailable?
Ans12. Yes, the offence under Section 427, IPC is bailable.
Q13. Is The Offence Under Section 427 IPC Compoundable?
Ans13. According to Section 320 of the CrPc, an offence under Section 427 of the IPC may be compounded, meaning that the victim—the one who has suffered loss or damage—and the offender may agree on a settlement.
Q14. Is 427 IPC bailable in Hindi?
Ans14. आईपीसी की धारा 427 के तहत आने वाला यह अपराध एक गैर-संज्ञीय (Non Cognizable) श्रेणी मे आता है जोकि एक जमानतीय अपराध (bailable Crime) है इसमे आरोपी को आसानी से जमानत( Bail) मिल जाती है जोकि किसी भी श्रेणी के मजिस्ट्रेट द्वारा विचारणीय (Triable) होता है।
Q15. How do I get bail in 427 IPC?
Ans15. Bail: The accused is entitled to default bail, which is automatically granted to him as long as he applies for and provides bail, if the police are unable to wrap up their investigation and file a chargesheet (under Section 427, IPC) with the magistrate after sixty or ninety days, depending on the circumstances.
Q16. What is the Judgement on 427 IPC?
Ans16. However, under Section 427, if the loss or damage is valued at Rs. 50 or more, the penalty might be up to two years in prison, a fine, or both in certain circumstances.
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