A intentionally throws the wristwatch of B in a river to cause wrongful loss to B. Has A committed any offence? Give reasons and also mention the relevant provision in this regard.

Question: A intentionally throws the wristwatch of B in a river to cause wrongful loss to B. Has A committed any offence? Give reasons and also mention the relevant provision in this regard.

Find the answer to the mains question only on Legal Bites. [A intentionally throws the wristwatch of B in a river to cause wrongful loss to B. Has A committed any offence? Give reasons and also mention the relevant provision in this regard.]

Answer

Underlying the offence of mischief under section 425, IPC is the intention to cause or knowingly cause the destruction or change of property.

Mens rea is an essential concomitant to establishing the offence. Thus, the mere fact that any loss or damage was caused to the property would, by itself, not be sufficient cause to constitute mischief, unless the intention of the offender was to cause wrongful loss or wrongful damage to the person considered.

The inclusion of the term ‘damage’ along with ‘wrongful loss’, makes it clear that the legislature wanted to bring within the purview of the offence of ‘mischief’, not just acts that result in wrongful loss, but also to cover instances of all types of damage by unlawful means,15 which are actuated, however, with the intention or knowledge to cause the same.

The term ‘damage’ must then involve invasion of a right, though it does not necessarily contemplate damage of destructive character, it does require diminution of the value of the property caused by the invasion of the right which, to be punishable, must have been contemplated by the person committing it at the time when the act was committed.

The term ‘wrongful loss or damage’ necessarily includes within its coverage that which is caused by unlawful means. Here, it is to note that the definition comprehends not just a situation when the property is destroyed. In many instances, the property may not be destroyed in such a way that it no longer can be used.

There exists a possibility when the property has been changed in such a way that its use, value or utility is changed. Such situations are also sought to be covered by the definition.

Therefore, in the present case, when A intentionally throws the wristwatch of B in a river to cause wrongful loss to B, A shall be held guilty of mischief under section 425, IPC.

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