Indian Penal Code, 1860
Section 426
repealedPunishment for mischief
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.
Why this exists
This is the general punishment clause for basic mischief, providing a mild baseline penalty for damaging property, while more serious forms of mischief involving greater loss, specific types of property like animals or public infrastructure, or dangerous methods like fire or explosives, are punished more severely under later sections. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 324(2).
How courts read it
Courts apply this general punishment provision once the ingredients of Section 425 are proved, reserving it for mischief cases that do not meet the higher thresholds or special categories covered by later, more specific sections.
Common misconceptions
- Myth: All property damage cases are punished under this general section.
Fact: More serious mischief, involving higher-value damage, animals, public infrastructure, or dangerous means, is punished more severely under specific later sections such as 427 to 440.