Property damaged? The law calls it mischief.

Myth or fact?

What people often think.

• Myth: Damage is only a civil matter. Just ask for repairs.
• Fact: Damage done with intent, or knowing it is likely to cause wrongful loss, is the offence of mischief (PPC s.425).

The law.

Section 425, PPC.

“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".”

Pakistan Penal Code, 1860 · Section 425, Mischief

Examples from the law.

Illustrations to section 425.

• Cattle on a cropDriving cattle into a field to damage the crop (h).
• Defeating a debtDestroying your own goods so a creditor cannot recover (d).
• Joint propertyKilling a horse owned jointly with another (g).

Your own property too.

The two explanations.

• Explanation 1The loss need not fall on the owner. Loss to any person is enough.
• Explanation 2It can be done to your own property, or property held jointly.

How serious?

Sections 426 to 436, PPC.

• Mischief, s.426Up to 3 months, or fine, or both.
• Loss of Rs 50 or more, s.427Up to 2 years, or fine, or both.
• Cutting water supply, s.430Up to 5 years, or fine, or both.
• Fire to a home, s.436Life, or 3 to 10 years, and fine.

Quick quiz. The windscreen.

Guess first, then swipe for the answer.

• A. Register an FIR and arrest him
• B. Note it and refer you to the Magistrate
• C. Refuse to write anything

Answer: B. It is non-cognizable.

Schedule II and section 155, CrPC.

• Schedule IIFor s.426 and s.427: shall not arrest without warrant.
• CrPC s.155(1)The SHO enters the substance in a book and refers the informant to the Magistrate.
• 2022 MLD 990The Balochistan High Court applied this to a complaint under ss.504 and 427.

Police need the Magistrate.

Section 155(2), CrPC.

• The ruleNo police officer shall investigate a non-cognizable case without a Magistrate's order.
• 2017 YLR 2419This is mandatory. A petition against an FIR registered without it was allowed (Peshawar High Court).

What to do.

It can be settled when the only loss is to a private person (Schedule II).

• RecordPhotos, the repair estimate and witnesses.
• ReportPolice note it and refer you (s.155).
• MagistrateFile a complaint, or ask him to order an investigation.

Something damaged?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• My neighbour broke my boundary wall on purpose. What case can I file?
• Is section 427 PPC cognizable or non-cognizable?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 425
  Mischief Pakistan Code