How to file a complaint under 427 IPC?

Asked by: Mohamed Rath Sr. | Last update: January 30, 2026

Score: 4.6/5 (34 votes)

To file a complaint under IPC 427 (Mischief causing damage of ₹50 or more), you generally approach a Magistrate with a written complaint detailing the accused, incident, and evidence, as the police might initially treat it as a Non-Cognizable (NC) offence, but the Magistrate can order an FIR; alternatively, if police refuse, complain to the SP, then the Magistrate. The complaint must show intent or knowledge of damage exceeding ₹50, and you'll need supporting evidence like photos, witness accounts, and repair costs.

What is the procedure after filing 427 IPC?

After the charges are framed under Section 427, IPC formally, they shall be read over and explained to the accused by the Magistrate/Court. The accused would then be asked whether he pleads guilty to such charge of cheating or not.

What are the key elements of IPC 427?

The key elements include the intent or knowledge of causing harm and actual or likely loss or damage to someone. Mischief protects property rights and public interest by penalizing deliberate acts that interfere with others' lawful enjoyment or ownership of property. How to get bail in 427 IPC?

What are some examples of section 427 offenses?

Property Damage During Protests or Riots. During protests or riots, acts of vandalism and property destruction are often prosecuted under Section 427. Examples include: Looting or damaging shops.

What are some famous cases involving 427 IPC?

Search Results

M.V.Santhosh vs State Of Kerala on 15 July, 2013. ...
Smt. ...
Vinay & Ors vs State Of Karnataka & Anr on 16 April, 2015. ...
U.Nalini Madhavan vs The State Of Kerala on 16 September, 2010. ...
Moti Lan And Ors. ...
Vaibhav Jain vs State Of U.P. on 28 September, 2020.

Dhara 427 IPC Section in hindi

37 related questions found

How to prove 427 IPC?

IPC 427 applies when the damage caused by the act of mischief is to the amount of fifty rupees or more than that. To hold a person guilty for committing the offence of mischief, it must be proved: That the person had the proper knowledge of the act and intentionally committed it.

Which is the most powerful IPC section?

Here are the important sections of IPC:

Mob Lynching: ...
False Promise to Marry: ...
Attempt to Suicide: ...
Gender Neutrality: ...
Fake News: ...
Sedition: ...
Inclusivity in Unnatural Sexual Offences: ...
Defamation:

How does value of damage affect 427 IPC?

IPC 427 in Simple Words

If someone causes damage or loss of fifty rupees or more due to mischief, they can be punished with imprisonment up to two years, or fined, or both.

What is the 427 of CRPC?

When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.

What is the IPC 426 and 427?

Section 426 of IPC states the punishment for the offence of mischief which holds an accused liable for imprisonment, fine, or both. Section 427 to Section 440 explains different aggravated forms of mischief based on the value of the wrongful loss and damage of the property.

What are the four essential elements of crime?

These are not the only two elements of crime but there are in all four elements that go to constitute a crime, viz., (1) a human being (2) guilty intention or mens rea on the part of such human being, (3) actus reus, illegal act or omission, and (4) injury to another human being.

What is the common object of IPC?

Section 149, IPC, prescribes procedures in cases of the common object. It applies whenever there is an unlawful assembly of five or more persons having a common object, either forming such object at the time when they assemble or afterward developing such object.

What are the essential elements of abetment?

Essential Elements of Abetment

Engagement in Conspiracy: The conspirators should take some step toward executing the crime. Intentional Aid: Providing assistance (e.g., tools, shelter, funds). Even if the abettor is not legally bound to prevent the act, assistance amounts to abetment.

What is the IPC for obstruction?

Description. Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished, with fine which may extend to two hundred rupees.

What is Section 427 of the BNSS?

Application of Section 427:

The Appellate Court finds that the lower court's decision was incorrect and decides to reverse the acquittal. The court directs that Rajesh be re-tried in a lower court or finds him guilty and sentences him according to the law.

What is the maximum period of police custody for an accused as per CrPC?

The Constitution and CrPC prohibit detention in police custody beyond 24 hours. [8] The Magistrate is empowered to extend it up to 15 days in case investigation cannot be completed within 24 hours. He may further extend judicial custody beyond 15 days if he is satisfied that adequate grounds exist to do so.

What is a concurrent punishment in India?

Concurrent sentences are served simultaneously. Thus, in the event that an individual receives a sentence of thirty years in jail for one charge and fifteen years for another, they will serve both terms jointly and be freed from prison thirty years later.

What is the code of criminal procedure?

The criminal procedure code deals with classification of courts and their constitution power and procedure to be followed by them besides general provision of procedure in holding trials etc. From the arrangement of the criminal procedure code it can be said that it is a piece of procedural law.

What's the maximum sentence for criminal damage?

the statutory maximum sentence is 10 years' custody regardless of the value of the damage.

What is the maximum penalty for wilful damage?

If you're charged with this under the Summary Offences Act (“Wilful damage”) the maximum penalty is three months' prison or a fine of up to $2,000.

What is Section 427 of the CRPC?

Section 427 of the Code of Criminal Procedure deals with situations where an offender who is already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life.

What is the punishment of IPC?

The punishments to which offenders are liable under the provisions of this Code are—(First)— Death;(Secondly.) — Imprisonment for life;[***](Fourthly)— Imprisonment, which is of two descriptions, namely:— (1)Rigorous, that is, with hard labour; (2)Simple; (Fifthly)— Forfeiture of property; (Sixthly)— Fine.

Who is the father of IPC in India?

At the centre of our criminal justice system is the 164-year-old IPC, which defines crimes and prescribes their punishment. The architect of this law was an English lawyer, Thomas Babington Macaulay.

What does IPC stand for?

IPC has several meanings, most commonly Inter-Process Communication (sharing data between computer programs), IPC (Association Connecting Electronics Industries) (standards for electronics), the International Paralympic Committee (governing body for disabled sports), the International Plumbing Code, or Infection Prevention and Control (in healthcare). The specific meaning depends on the context, but the electronics and computing definitions are very common.