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worth

Rs. 10.

Killing or maiming animal

worth

Rs. 50.

Injuring irrigationworks or

value of ten 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.

429. Whoever commits mischief by killing, poisoning, maiming, or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox1, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

430. Whoever commits mischief by doing any act which causes or which he knows to be likely to cause a diminution wrongfully of the supply of water for agricultural purposes 2, or for food diverting water. or drink for human beings, or for animals which are property 3, or for cleanliness, or for carrying on any manufacture*, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Injuring

public road,

431. Whoever commits mischief by doing any act which renders, or which he knows to be likely to render, any public bridge, or road 5, 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

river.

killing and taking a fox which had
been pursued by another and was
then actually in view of the person
who had originally found, started, and
chased it. [American cases, 2 Kent's
Comm. 349.] The Court of Queen's
Bench even went so far as to decide,
notwithstanding a verdict the other
way, that when fish were nearly sur-
rounded by a seine, with an opening
of seven fathoms between the ends,
at which point boats were stationed
to frighten them from escaping, they
were not reduced to possession as
against a stranger who rowed in
through the opening and helped him-
self.' (Young v. Hichens, 6 Q. B. 606.)
Justinian decided that a wild beast
so badly wounded that it might easily
be taken belongs to the captors; but
in America, Lowell J. has upheld
the custom of whalers which gives a

whale to the vessel whose iron first remains in it, provided claim be made before cutting in.

1 These words do not include 'calf.' Therefore, the killing etc. of a calf not worth Rs. 50 must be dealt with under sec. 426 or 428, according to its value; Reg. v. Cholay, cited by Mayne, P. C. 361.

2 To bring a case under this section it is not necessary that the act of the accused should be a mere wanton act of waste. It is enough if he does it without any show of right, 1 Mad. 262. 3 See note on sec. 428.

♦ In the Patent Act, XV of 1859, sec. 38, this word is defined as including 'any art, process or manner of producing, preparing or making an article.'

5 public road;' see sec. 12. As to mischief to a private path-way, bridge, etc., see sec. 431.

description for a term which may extend to five years, or with fine, or with both.

1

inundation

public

432. Whoever commits mischief by doing any act which Causing causes, or which he knows to be likely to cause, an inunda- or obstruction or an obstruction to any public drainage 2 attended with tion to injury or damage, shall be punished with imprisonment of drainage. either description for a term which may extend to five years, or with fine, or with both 3.

or sea

433. Whoever commits mischief by destroying or moving Destroying light-house any light-house or other light used as a sea-mark, or any seamark or buoy or other thing placed as a guide for navigators, mark, or exhibiting or by any act which renders any such light-house, sea-mark, false buoy, or other such thing as aforesaid less useful as a guide lights. 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 4.

land-mark

434. Whoever commits mischief by destroying or moving Destroy. any land-mark fixed by the authority of a public servant 5, or ing &c. by any act which renders such land-mark less useful as such, fixed by public aushall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

thority.

to cause

435. Whoever commits mischief by fire or any explosive Mischief substance, intending to cause, or knowing it to be likely that by fire or explosive he will thereby cause, damage to any property to the amount with intent of one hundred rupees or upwards, or (where the property is damage to agricultural produce) ten rupees or upwards, shall be punished property. with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine".

1

436. Whoever commits mischief by fire or any explosive Mischief

e. g. wilfully injuring an embank

ment.

2 Sec. 12.

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by fire or

with intent

to destroy house, &c.

explosive substance, intending to cause or knowing it to be likely that he will thereby cause, the destruction of any building 1 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 transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Mischief

with intent

or make

437. Whoever commits mischief to any decked vessel2 or to destroy 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 vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

unsafe a vessel.

Mischief described

438. Whoever commits or attempts to commit by fire or in sec. 437 any explosive substance, such mischief as is described in the when com- last preceding section, shall be punished with transportation mitted by for life, or with imprisonment of either description for a term explosive. which may extend to ten years, and shall also be liable to fine 3.

fire or

Intention

ally run

439. Whoever intentionally runs any vessel aground or ning vessel ashore, intending to commit theft of any property contained aground therein, or to dishonestly 5 misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

with intent, &c.

Mischief

paration

440. Whoever commits mischief, having made preparation after pre- for causing to any person death or hurt or wrongful restraint", or fear of death or of hurt or of wrongful restraint, shall death, &c. be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

made for causing

1 A structure of some permanence and fixedness, not a mere tent or temporary erection, M. & M. 398.

2 Sec. 48.

4, having insured his ship, voluntarily causes or attempts to cause it to be set on fire and destroyed with the intention of causing

damage to the insurers, A has com mitted an offence under this section, M. & M. 399.

Sec. 378.

5 Sec. 24.
• Sec. 319.
7 Sec. 339.

3

Criminal Trespass.

4

8

441. Whoever enters 1 into or upon property 2 in the Criminal possession of another with intent to commit an offence 5, trespass. or to intimidate, insult, or annoy any person in possession of such property; or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence 5, is said to commit 'criminal trespass 10

442. Whoever commits criminal trespass by entering into or Houseremaining in any building, tent or vessel 11 used 12 as a human trespass.

Plying a boat for hire at a distance of three miles from a public ferry is not entering upon that ferry, 1 All. 527.

* i. e. corporeal property. Though a right of fishery in a public river is property, the Calcutta High Court (2 Cal. 354) has held that it is not of such a nature that a man who infringes it can be said to commit criminal trespass. The possession is not exclusive. See also 9 Ben. Appx. 19.

1i. e. actual occupation (M. & M. 401), without reference to the question in whom the title to the property may ultimately be found, 7 Suth. Cr. 28-29.

Entering on land without such intent, and in the exercise of a bond jide claim of sole or joint right, is not criminal trespass, 2 All. 101, 465. 1 Sec. 40, cl. 3.

The intent must be to commit an 'offence,' not merely an act which the civil law will prevent or punish. If A merely cultivates Government waste without permission (4 Mad. Jur. 205), or re-enters on land from which he has been ejected by civil process (6 Mad. H. C., App. xix), or enters an exhibition building without a ticket (6 Bom. H. C., Cr. Ca. 6), or passes through a market-fence with intent to evade payment of the markettoll (5 Mad. 382), or breaks open B's door at an illegal hour for the purpose of attaching certain furniture (2 Mad. 30), or follows game upon B's land for the purpose of killing it (4 Cal. 837, or drives a cart across open green in violation of an order made without authority by municipal commissioners (5 Mad. H. C. Rulings,

an

xxxviii), A is not guilty of criminal
trespass.

• Sec. 503.

7 Sec. 504.

The annoyance intended must be illegal (Mayne, P. C. p. 368), and is such as would generally and reasonably affront an ordinary person, not what would specially and exclusively annoy a particular individual, 2 AlĬ. 467.

i. e. actual possession (2 All. 467, 468: 8 Ben. Appx. 62), such as is contemplated by the Criminal Procedure Code, sec. 145.

10 The entrance of a member of a Hindú joint family into the family dwelling-house is not criminal trespass; nor is the entry of a stranger into such a house, with and by the licence of one of the members, 6 Ben. Appx. 81.

Mr. Mayne thinks that sec. 441 'must be limited to cases where the entry is in itself part of the unlawful act, and is either expressly or impliedly against the will of the owner of the property; as, for example, where A goes into B's house with intent to steal his money, or to abduct his daughter, or into C's stable with intent to lame his horse.' Sir B. Peacock (Progs. Leg. Council, 1860, col. 1181) said that one of the cases to which it was intended to apply was that of a beggar walking into a house and, if he saw a lady there, refusing to leave the house unless she gave him some money.

11 Sec. 48.

12 If the building etc. is ordinarily used as a human dwelling, the cir

Lurking housetrespass.

Lurking housetrespass

dwelling, or any building used as a place for worship or as a place for the custody of property 1, is said to commit 'housetrespass.'

Explanation. The introduction of any part of the criminal trespasser's body is entering sufficient to constitute housetrespass.

443. Whoever commits house-trespass, having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass.'

444. Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit lurking house-trespass by night. by night.'

House

445. A person is said to commit 'house-breaking,' who breaking. commits house-trespass if he effects his entrance into the house 2 or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence 3, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say :

3

Firstly. If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly. If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

5

Thirdly. If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order

cumstance that it was unoccupied at
the time of the offence seems im-
material, R. v. Ammoyee, Mayne, P.
C. 369.

A cattleyard originally walled
on four sides, one wall of which,
fallen out of repair, had a gap stopped
with a thorn, seems to be a building
used as a place for the custody of
property,' 6 N. W. P. 307.

2 An entry upon the roof is not enough, Mad. H. C. Ruling, cited Mayne, P. C. 371. Although the words 'tent or vessel' are omitted, it would seem from illustration (b) that sec. 445 is intended to apply to il legal entrances into vessels.

5

Sec. 40, cl. 2.

Secs. 107, 108.

2 Suth. Cr. 65, col. 2.

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