ipc 426 and 427 against wife?
Querist :
Anonymous
(Querist) 12 November 2010
This query is : Resolved
on false allegatins of wife with mischief to attend court which resluting more than rs. 1000/- as travelling cost for a single person --- total number are accused 6 that is approx rs. 6000/- is expenditure is incured for each date of court to attend-
Section 426. Punished for mischief
Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Section 427. Mischief causing damage to the amount of fifty rupees
Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
is it possible to file criminal complaint against wife after acquital from all false allegation which is a totally mischief played by her?
aman kumar
(Expert) 12 November 2010
425. Mischief
Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, cause 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) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
(c) 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 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 under-writers. 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.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop. A has committed mischief.
adv. rajeev ( rajoo )
(Expert) 12 November 2010
No you cannot file a criminal complaint against your wife for playing mischief. If the court observes in itz judgement that wife has played a mischief then you can initiate legal proceedings against your wife.
Devajyoti Barman
(Expert) 12 November 2010
Those sections are not applicable to your case as stated by you.
