What is Section 440 IPC? Mischief Committed After Preparation Made for Causing Death or Hurt
Published on: Lawiz Team
Learn about Section 440 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits mischief having made preparation for causing to any person death, or hurt, or fear of death, or of hurt, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 440 punishes anyone who commits mischief after making preparations to cause death, hurt, or serious injury.
Purpose
To ensure stricter punishment for mischief where the offender is prepared to cause serious harm.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 5 years, and fine.
Key Elements
1. The act must be mischief (intentional damage). 2. The offender must have prepared to cause death, hurt, or serious injury. 3. The preparation must be deliberate.
Punishment Details
Imprisonment of either description for a term which may extend to five years, and a fine.
Illustrative Example
If a person cuts brake wires of another's car intending to cause an accident, they are punishable under Section 440.
FAQs
What does Section 440 IPC define?
Mischief committed after preparation made for causing death, or hurt.
How is 'Mischief committed after preparation made for causing death, or hurt' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 440 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 440?
Examples include real-life cases involving mischief committed after preparation made for causing death, or hurt.
Is Section 440 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 440 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 440 significant?
It holds importance in the framework of criminal law.