Section 285
Prohibition Of Committing Criminal Mischief
(1) No person shall
commit, or cause to be committed, criminal mischief.
(2) For the purposes of sub-section (1), a person who does
any of the following acts shall be considered to commit criminal
mischief:
(a) Destroying, or doing such act as to diminish the value,
importance or utility of, any government, public or
private property, with the intention of causing any harm,
loss or damage to the Government of Nepal, State
Government or Local Level, any body corporate under
full or majority ownership or control of the Government
of Nepal, State Government or Local Level or public or
any person, or knowing or having a reasonable reason to
believe that such damage is likely to be caused, or
causing such damage by a negligent or reckless act,
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(b) Causing loss, damage or wrongful injury to, or doing
any act that causes injury to, or knowingly causing any
kind of obstruction, loss, damage or wrongful injury to
the utility of, any public or private sewerage, water
canal, drinking water pond, road, bridge or any means
of communications or transportation and the like,
(c) Destroying, removing, erasing or tampering any mark or
sign fixed for public convenience, except for any act
done in pursuance of an order of the competent
authority, by spreading rumors or using any means of
deception,
(e) Concealing, or dishonestly causing delay in the delivery
of, any correspondence, notice, parcel or other object of
another person.
(3) A person who commits, or causes to be committed, the
offence referred to in sub-section (1) shall be liable to the following
sentence:
(a) The sentence of imprisonment for life and a fine equal
to the claimed amount, in the case of setting fire to, or
using explosives, in any national park or reserve or
protected zone, with the objective of destroying the
existence of species of any wildlife or flora or fauna
protected by the Government of Nepal or protected
pursuant to law, any historical or archeological
monument or statue included in the world heritage list,
any site or museum in which objects of historical or
archeological importance are kept, or any achieve where
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historical documents are kept, any military or paramilitary
house or place in which arms and ammunition
of the army or police are stored, security press, mint,
factory, Nepal Rastra Bank's warehouse for bank note
printing or storing,
(b) A sentence of imprisonment for a term of five to twelve
years and a fine equal to the claimed amount, in the case
of criminal mischief committed by setting fire to, or
using explosives in, any historical, archeological or
religious monument or statue other than that referred to
in clause (a), any building containing documents of
public or governmental importance, any court
containing money (Tahabil), any constitutional body,
any office of the Government of Nepal, State
Government or Local Level or body under full or
majority ownership or control of the Government of
Nepal, State Government, or Local Level, or any office
of foreign diplomatic mission or international or intergovernmental
organization,
(c) A sentence of imprisonment for a term not exceeding
four years and a fine not exceeding forty thousand
rupees, in the case of criminal mischief committed by
doing any act other than that referred to in clause (a) or
(b), thereby causing injury to any public property,
(d) A sentence of imprisonment for a term of two to five
years and a fine of twenty thousand to fifty thousand
rupees, in the case of criminal mischief committed by
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setting fire to or using explosives in any house, office or
property of any person,
(e) A sentence of imprisonment for a term not exceeding
three years and a fine not exceeding thirty thousand
rupees in the case of criminal mischief committed by
doing any act other than that referred to in clause (a),
(b), (c) or (d), thereby causing any loss, damage to any
person.
(4) Where any loss, damage is caused to any person by
reason of the commission of the offence referred to in this Section, a
compensation equal to the claimed amount of such loss or damage so
caused shall be ordered to be paid by the offender to the victim of the
offence.
commit, or cause to be committed, criminal mischief.
(2) For the purposes of sub-section (1), a person who does
any of the following acts shall be considered to commit criminal
mischief:
(a) Destroying, or doing such act as to diminish the value,
importance or utility of, any government, public or
private property, with the intention of causing any harm,
loss or damage to the Government of Nepal, State
Government or Local Level, any body corporate under
full or majority ownership or control of the Government
of Nepal, State Government or Local Level or public or
any person, or knowing or having a reasonable reason to
believe that such damage is likely to be caused, or
causing such damage by a negligent or reckless act,
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(b) Causing loss, damage or wrongful injury to, or doing
any act that causes injury to, or knowingly causing any
kind of obstruction, loss, damage or wrongful injury to
the utility of, any public or private sewerage, water
canal, drinking water pond, road, bridge or any means
of communications or transportation and the like,
(c) Destroying, removing, erasing or tampering any mark or
sign fixed for public convenience, except for any act
done in pursuance of an order of the competent
authority, by spreading rumors or using any means of
deception,
(e) Concealing, or dishonestly causing delay in the delivery
of, any correspondence, notice, parcel or other object of
another person.
(3) A person who commits, or causes to be committed, the
offence referred to in sub-section (1) shall be liable to the following
sentence:
(a) The sentence of imprisonment for life and a fine equal
to the claimed amount, in the case of setting fire to, or
using explosives, in any national park or reserve or
protected zone, with the objective of destroying the
existence of species of any wildlife or flora or fauna
protected by the Government of Nepal or protected
pursuant to law, any historical or archeological
monument or statue included in the world heritage list,
any site or museum in which objects of historical or
archeological importance are kept, or any achieve where
186
historical documents are kept, any military or paramilitary
house or place in which arms and ammunition
of the army or police are stored, security press, mint,
factory, Nepal Rastra Bank's warehouse for bank note
printing or storing,
(b) A sentence of imprisonment for a term of five to twelve
years and a fine equal to the claimed amount, in the case
of criminal mischief committed by setting fire to, or
using explosives in, any historical, archeological or
religious monument or statue other than that referred to
in clause (a), any building containing documents of
public or governmental importance, any court
containing money (Tahabil), any constitutional body,
any office of the Government of Nepal, State
Government or Local Level or body under full or
majority ownership or control of the Government of
Nepal, State Government, or Local Level, or any office
of foreign diplomatic mission or international or intergovernmental
organization,
(c) A sentence of imprisonment for a term not exceeding
four years and a fine not exceeding forty thousand
rupees, in the case of criminal mischief committed by
doing any act other than that referred to in clause (a) or
(b), thereby causing injury to any public property,
(d) A sentence of imprisonment for a term of two to five
years and a fine of twenty thousand to fifty thousand
rupees, in the case of criminal mischief committed by
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setting fire to or using explosives in any house, office or
property of any person,
(e) A sentence of imprisonment for a term not exceeding
three years and a fine not exceeding thirty thousand
rupees in the case of criminal mischief committed by
doing any act other than that referred to in clause (a),
(b), (c) or (d), thereby causing any loss, damage to any
person.
(4) Where any loss, damage is caused to any person by
reason of the commission of the offence referred to in this Section, a
compensation equal to the claimed amount of such loss or damage so
caused shall be ordered to be paid by the offender to the victim of the
offence.