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'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 ?
Explanation
This scenario is a direct application of the definition of Mischief as provided in Section 425 of the Indian Penal Code (IPC) (corresponding to Section 324 of the Bharatiya Nyaya Sanhita). Mischief is committed when a person, with the intent to cause wrongful loss or damage, destroys property or diminishes its value or utility.
- Specific Illustration: Illustration (h) of Section 425 IPC explicitly states: "A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief."
- Key Principle: The law clarifies that mischief can be committed even if the property belongs to the offender himself, or is owned jointly by the offender and the person intended to be harmed.
- Other Options: Breach of trust requires entrustment; Criminal misappropriation involves dishonest use for oneself; and Trespass involves unlawful entry. None apply to the destruction of joint property to cause loss.
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