# Property damaged? The law calls it mischief.

> Damage done with intent, or knowing it is likely to cause wrongful loss, is mischief under section 425 PPC. Loss of Rs 50 or more carries up to 2 years (s.427). But s.426 and s.427 are non-cognizable, so police note the report and refer you to the Magistrate (CrPC s.155).

- Topic: Criminal law
- For: Citizens
- A 12-slide carousel: https://failegal.site/media/property-damaged-the-law-calls-it-mischief
- Published by FAI Legal on 2026-10-22

## 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)

## Examples from the law.

Illustrations to section 425.

- **Cattle on a crop** Driving cattle into a field to damage the crop (h).
- **Defeating a debt** Destroying your own goods so a creditor cannot recover (d).
- **Joint property** Killing a horse owned jointly with another (g).

## Your own property too.

The two explanations.

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

## How serious?

Sections 426 to 436, PPC.

- **Mischief, s.426** Up to 3 months, or fine, or both.
- **Loss of Rs 50 or more, s.427** Up to 2 years, or fine, or both.
- **Cutting water supply, s.430** Up to 5 years, or fine, or both.
- **Fire to a home, s.436** Life, 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 II** For 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 990** The Balochistan High Court applied this to a complaint under ss.504 and 427.

## Police need the Magistrate.

Section 155(2), CrPC.

- **The rule** No police officer shall investigate a non-cognizable case without a Magistrate's order.
- **2017 YLR 2419** This 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).

- **Record** Photos, the repair estimate and witnesses.
- **Report** Police note it and refer you (s.155).
- **Magistrate** File 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?**

## Sources

- Pakistan Penal Code, 1860 · Section 425: Mischief

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