Report No. 42
17.71. Section 439 to be omitted.-
Section 439 does not punish any act of mischief, but only the act of intentionally running a vessel a ground or ashore, so that theft may be committed of property in it. We do not think that such a provision fits in, at all, in this part of the Code. Nor, in fact, do we see point in such a provision, as the conduct contemplated would be punishable in many other ways. Hence section 439 should be omitted.
17.72. Section 44.-punishment to be increased.-
In section 440, the maximum punishment may be increased from five years to seven years.
17.73. Revised sections in place of sections 426 to 440.-
Accordingly, the following sections should be substituted in place of sections 426 to 440:
"426. Punishment for mischief.- Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
427. Mischief causing damage to public property or machinery to the amount of one hundred rupees.- Whoever commits mischief in respect of any property of the Government or of a local authority or in respect of any machinery, and thereby causes loss or damage to the amount of one hundred rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.1
428. Mischief by killing or maiming animal.- Whoever commits mischief by killing, poisoning, maiming, or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of two hundred rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.2
429. Mischief by causing diminution of supply of water or inundation or obstruction in public drainage.- Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause.-
(a) a diminution of the supply of water to the public or to any person for any purpose, or
(b) an inundation of, or obstruction to any public drainage, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.3
430. Mischief by injury to public road, bridge, river or channel.- Whoever commits mischief by doing any act which renders any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.4
431. Mischief committed after preparation made for causing death or hurt or wrongful restraint.- Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.5
432. Mischief by destroying, moving or rendering less useful air-route, beacon etc.- Whoever commits mischief by destroying or moving or rendering less useful any air-route beacon or aerodrome light, or any light at or in the neighbourhood of an air-route or aerodrome provided in compliance with law, or any other thing exhibited or used for the guidance of aircraft, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.6
433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark.- Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.7
434. Mischief with intent to destroy or make unsafe aircraft or vessel.- Whoever commits mischief to any air-craft or to any decked vessel or to any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if such mischief is committed or attempted by fire or any explosive substance, shall be punished with imprisonment for life, or with the punishment aforesaid.8
435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred rupees.- Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards, x x x shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.9
436. Mischief by fire or explosive substance with intent to destroy place of worship, house, etc.- Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of.-
(a) any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, or
(b) any object therein which is held sacred by any class of persons, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."10
1. New provision.
2. Section 429 slightly amended.
3. Sections 430 and 432 combined and amended.
4. Section 431 slightly amended.
5. Same as existing section 440.
6. New provision.
7. Same as existing section 433.
8. Sections 437 and 438 combined and amended to cover aircraft.
9. Section 435 slightly amended.
10. Section 436 amended to cover sacred objects.
Criminal Trespass
17.74. Introductory.-
The last item in this Chapter is criminal trespass. In its least reprehensible form it is "entry upon property in another person's possession with the intention of annoying that person", the punishment being a maximum of three months' imprisonment. At its worst, criminal trespass takes the form of house-breaking when the punishment can be fourteen years' imprisonment. The forms of criminal trespass described in the Code are
(i) house trespass (section 442);
(ii) lurking house trespass (section 443);
(iii) lurking house trespass by night (section 444);
(iv) house-breaking (section 445); and
(v) house-breaking by night (section 446).
17.75. Part to be simplified.-
Punishment to be provided for these offences according to their gravity and according to the aggravating circumstances in which they are committed. We recognise that simple trespass is a very different matter from house-breaking, and the difference in the punishments for the two offences is justified. We do not, however, see much need for distinguishing between lurking house trespass during the day and lurking house trespass by night. Nor indeed does there seem any need for evolving these different ideas, when plainly all that we wish to do is to severely punish what is commonly understood as "burglary".
We think this part of the Code could be considerably simplified by dropping the notions of lurking house trespass and house-breaking and introducing, instead, the idea of burglary which should, in substance, mean house trespass for committing theft or any other serious offence. If adequate punishment is provided for these two offences, there should no need for any intermediate category of offence. We suggest that the maximum punishment for criminal trespass should be raised from three months' imprisonment to six months' imprisonment, and for house trespass it should be raised from one year to three years' imprisonment, while, for burglary the maximum punishment should be ten years' imprisonment.
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