'A' is having joint property with 'Z' in a horse. 'A' shoots the horse

‘A’ is having joint property with ‘Z’ in a horse. ‘A’ shoots the horse with the intention to cause wrongful loss to ‘Z’. ‘A’ has committed which one of the following offences ?

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Breach of trust

Trespass of property

Mischief

Criminal misappropriation

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This question was previously asked in

UPSC CISF-AC-EXE – 2022

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The correct answer is (C) Mischief.

The act of damaging property with the intention to cause wrongful loss to another person constitutes the offence of mischief under Section 425 of the Indian Penal Code (IPC). Even if the property is jointly owned, causing damage to it with the intent to cause loss to the co-owner falls within the definition of mischief.

Section 425 IPC defines mischief as “Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage 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’.” The fact that the property is jointly owned does not exempt a co-owner from committing mischief if their actions cause wrongful loss or damage to the other co-owner’s interest.

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