Legal provisions regarding Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees under section 435 of Indian Penal Code, 1860.
Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees:
ADVERTISEMENTS:
Section 435 prescribes punishment for arson resulting in the destruction of two kinds of property – agricultural produce of the value of Rs. 10 or more, or any other property if the damage is caused is valued at least Rs. 100. Mischief by fire is arson.
The expression ‘damage to any property’ means “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. The expression damage “to any property” is wide enough to include the entire incidental loss suffered by the owner.
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The special mischief under Section 435 punishable is mischief by fine or an explosive substance. The word ‘fire’ would include anything that generates fire, as for example phosphorous, while an explosive substance would include anything that explodes or detonates owing to a rapid chemical reaction such as gunpowder or dynamite.
The points requiring proof are:
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1) The accused committed mischief (defined in Section 426).
2) The mischief was caused by fire or any explosive substance.
3) The damage caused thereby amounted to Rs. 100; unless the property destroyed was agricultural produce, in which case it need not amount to more than Rs. 10/-.
4) The accused intended or knew that he was thereby likely to cause such damage.
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The offence under Section 435 is cognizable, and a warrant should, ordinarily, issue in the first instance. It is bailable but not compoundable and is triable by the Court of Session, the Chief Metropolitan Magistrate or a Magistrate of the first class.
b) Mischief by fire or explosive substance with intent to destroy house, etc. (Sec. 436)
“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 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, 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.”
Section 436 contemplates the destruction of a building. A building is not necessarily a finished structure. An unfinished house, of which the walls are built and finished, the roof on walls and finished, a considerable part of the flooring laid, and the internal walls and ceiling prepared ready for plastering, is a building. A wooden cabin which was removable is not a ‘building’.
Several High Courts have held the following structures to be buildings, falling under the definition of Section 436:
i) Structure made of straw and not made of bricks and mortar, but having necessary furnishing required for a building as doors, bars etc.
ii) A thatched shed made of mud and used as human dwelling;
iii) A grass or a mat hut meant for keeping cattle;
iv) A hut having no doors or furnishing and
v) A Kachcha Jhopra having a thatched roof meant for dwelling. The points requiring proof are:
1) The accused committed mischief (defined in Sec. 426)
2) The said mischief was committed by fire or an explosive substance.
3) It destroyed or damaged a building.
4) Such building was ordinarily used either as a –
a) Place of worship; or
b) Human dwelling; or
c) Place for the custody of property
5) The burning must be done wilfully or maliciously to constitute arson.
The offence under Section 435 is cognizable, and a warrant should, ordinarily, issue in the first instance. It is bailable but not compoundable and is triable by a Magistrate of the first class.