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Report No. 42

17.61. Section 428 to be omitted.-

Section 428 punishes any one who kills, poisons or aims any animal of the value of ten rupees or more, the punishment being two years' imprisonment. Since the maximum punishment under section 426 is being raised, this special provision is unnecessary, and we suggest that section 428 be omitted.

17.62. Sections 42.-amendments recommended.-

In section 429, the minimum value of the "other animal" may be raised from fifty rupees to two hundred rupees. But the maximum sentence of five years seems excessive and may be reduced to three years.

17.63. Section 43.-amendments recommended.-

Section 430 deals with mischief causing diminution of the supply of water for agricultural purposes, or for food or drink for human beings, or for animals, which are property, or for cleanliness or for carrying on any manufacture. This kind of enumeration seems to us both unnecessary and incomplete. It would be sufficient to say that mischief by causing diminution of supply of water to the public or to any person for any purpose is punishable. The maximum sentence for this offence also may be three years only.

17.64. New provisio.-mischief in respect of public property and mischief in respect of machinery.-

Mischief to public property, although of course covered by the definition of mischief and by the basic section punishing mischief, is not expressly provided for in the section punishing aggravations of mischief. It would, we think, be helpful if a specific provision is made to punish such mischief. We suggest three years' imprisonment as the maximum punishment for this offence. We would also suggest a specific provision for mischief in respect of machinery, punishing it with imprisonment upto three years, as instances of malicious damage to expensive machinery have occurred.

17.65. Sections 431 and 432.-

While sections 431 and 432 do not call for any change of substance, they could be combined into one. The maximum punishment for these offences also may be three years instead of five.

17.66. Section 433.-

Section 433 punishes mischief by destroying or moving any light-house or other sea-mark or buoy, etc. To these should be added marks for aerial navigation, interference with which can be even more disastrous.

17.67. Section 435 to be amended.-

In section 435, it is hardly necessary to fix the very low limit of ten rupees in respect of agricultural produce, as distinguished from other property. The minimum of one hundred rupees may be made generally applicable by omitting the words "or, where the property is agricultural produce, ten rupees or upwards".

17.68. Section 436 to cover sacred objects.-

Section 436 punishes mischief by fire caused to any human dwelling or place of worship or a building used for the custody of property. We suggest that mischief to any sacred object in such building should also be included and expressly mentioned.

17.69. Section 43.-amendment recommended.-

In section 437, which mentions mischief to vessels a reference to aircraft should be added.

17.70. Section 438.- Section 438 needs no change of substance.



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