Malicious Damage - definition and some thoughts

[Sampath]

Motor and Fire policies cover malicious damage. Here are some
thoughts on a peril which is oft used but on which not much clarity is
available

The dictionary meaning of the noun ‘malicious damage’ is : the
deliberate and international harming of property; damaged caused due
to personal grouse or ill will.

Could not find the exact word or punishment for ‘malicious damage’ in
Indian Penal code. However, there is Sec 425 which is “Mischief”. That
section reads : 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, causes 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".


It is better defined under English law. There, causing criminal damage
was originally a common law offence. In UK, there is Malicious Damage
Act of 1861 which under its various sections specify the punishment in
respect of Injuries by fire to buildings and goods therein, by
explosive of gun powder and otherwise, by rioting, injuries to
buildings by tenants, destroying or damaging trees, plants, fruits,
garden, fences, seas, river banks, works on rivers, canals, ponds,
bridges, viaducts, railways, electric or magnetic telegraphs, works of
art, cattle & more.

Sec 43 makes interestingly speaks of prejudicing the insurer as
well. According to the Law Commission of UK the "intent to do the
forbidden act or recklessness in relation to its foreseen
consequences" as the "essential mental element in the existing
malicious damage offences".

As India was under British rule, large number of British statutes were
applicable to India and for sometime the Malicious Damage Act 1861 was
also in vogue. Upon Indian Independence Act 1947, India became a
dominion with sovereign legislative power to affect or repeal all
existing laws. Thus came the British Statutes (Application to India)
Repeal Act 1960 which in a single stroke annulled many statutes
specified in the schedule and that included Malicious Damage Act 1861.
A detailed version on this is posted on my blog :
http://sampspeak.blogspot.com/2010/08/malicious-damage-splitting-anatomy-of.html.
In case you require a pdf version would be happy to share.
Look forward to the views of experts on this

Regards – Sampathkumar S