425. Mischief
Feedback & supportLast amended by an amending law of 2021.
Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or 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.Illustrations (a) A voluntarily burns a valuable security belonging to Z, intending to cause wrongful loss to Z. A has committed mischief. (b) [Deleted by Act 51 of 2007]
loss
“loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has. For the purposes of section 473B and subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will —(a)result in his permanent or temporary loss of property;(b)result in his being deprived of an opportunity to earn remuneration or greater remuneration;(c)result in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration;(d)result in somebody being given an opportunity to earn remuneration or greater remuneration from him;(e)result in somebody being given an opportunity to gain a financial advantage from him otherwise than by way of remuneration; or(f)be the result of his having accepted a false instrument as genuine in connection with his performance of any duty. For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded. The reference in section 473B to inducing a person (B) to accept a false instrument as genuine includes a reference to inducing a machine to respond to an instrument as if it were a genuine instrument. Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument shall be treated as an act or omission to a person’s prejudice. In subsection (1)(a),
A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution, or under or pursuant to an enforcement order, in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. (f) A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent money on bottomry on the ship. A has committed mischief. (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
property
“property” means money and all other property, movable or immovable, including things in action, other intangible or incorporeal property and virtual currency;