Judicial Dictionary - M
Judicial Dictionary
Legislative Dictionary
Mischief
Category | M |
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Title | Mischief |
Details | The etymology of the word comes from Old French mischief, which means "misfortune,' from mischever, "to end badly. Mischief, in penal law, is an offence against property that does not involve conversion. It typically involves vandalism, graffiti or some other destruction or defacement of property other than arson. 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 425 of the Penal Code, 1860] It is not necessary that the act by which the mischief results must also be done on the property of the complainant or any other person. In this sense the criminal law does not require that both title and possession in the property on which an act itself is committed has to be found to have been with the complainant before a conviction in respect of such an offence can be made. [Mamtazuddin vs. Crown 8 DLR 95] See, Sections 426 to 440 of the Penal Code, 1860. |
Created On | April 30, 2011, 5:43 AM |
Hits | 699 |