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The etymology of the word comes from Old French mischief, which means
"misfortune,' from mischever, "to end badly. Mischief, in penal law, is an
offence against property that does not involve conversion. It typically
involves vandalism, graffiti or some other destruction or defacement of
property other than arson.
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".
Explanation 1 — It is not essential to the offence of mischief that the
offender should intend to cause loss or damage to the owner of the property
injured or destroyed. It is sufficient if he intends to cause, or knows
that he is likely to cause, wrongful loss or damage to any person by
injuring any property, whether it belongs to that person or not.
Explanation 2 — Mischief may be committed by an act affecting property
belonging to the person who commits the act, or to that person and others
jointly. ….. [Section 425 of the Penal Code, 1860]
It is not necessary that the act by which the mischief results must also be
done on the property of the complainant or any other person. In this sense
the criminal law does not require that both title and possession in the
property on which an act itself is committed has to be found to have been
with the complainant before a conviction in respect of such an offence can
be made. ….. [Mamtazuddin vs. Crown 8 DLR 95]
See, Sections 426 to 440 of the Penal Code, 1860.
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