08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
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.
Illustrations
(a) A voluntarily burns a valuable security belonging to Z intending to cause
wrongful loss to Z. A has committed mischief.
(b) A introduces water into an icehouse belonging to Z and thus causes the ice
to melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of
thereby causing wrongful loss to Z. A has committed mischief.
(d) 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.
(e) 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.
(f) 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.
(g) A, having joint property with Z in a horse, shoots the horse, intending
thereby to cause wrongful loss to Z. A has committed mischief.
(h) 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.
concealment of
property
Punishment for
426. Whoever commits mischief shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine, or with
both.
427. Whoever commits mischief and thereby causes loss or damage to the
amount of fifty taka 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.
428. Whoever commits mischief by killing, poisoning, maiming or rendering
useless any animal or animals of the value of ten taka 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.
maiming cattle, etc,
of any value or any
animal of the value of
fifty taka
429. Whoever commits mischief by killing, poisoning, maiming or rendering
useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may
be the value thereof, or any other animal of the value of fifty taka or upwards,
shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
mischief
Mischief causing
damage to the
amount of fifty taka
Mischief by killing or
maiming animal of
the value of ten taka
Mischief by killing or
Mischief by injury to
works of irrigation or
430. Whoever commits mischief by doing any act which causes, or which he
knows to be likely to cause, a diminution of the supply of water for agricultural
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