MISCHIEF (425-440)
Автор: Law Concept Maze (LCM)
Загружено: 2020-08-20
Просмотров: 855
Описание:
Mischief may be committed in respect of both a private as well as a public property. The actus reus of this offence lies in the destruction of the property or any change in the property or its situation in a way that such change destroys or diminishes its value or utility or affects it injuriously. The mens rea of this offence lies in the intention to cause a wrongful loss to any person or even knowledge that such act is likely to cause a wrongful loss or damage to any person (person includes public also). It is not essential for the offence of mischief that the offender should be correct in attributing the property to any person (Explanation I to Section 425).
A person may commit this offence even in respect of a property own by him alone or a property jointly owned by him and other person or persons (Explanation II and illustrations (d), (e) and (g) to Section 425)
In this offence against property, the offender may derive not even the barest of the profits/gain by doing the act. However, the mere fact of wrongful loss to any person completes the offence (illustration (c) to Section 425.
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