Mischief By Fire -- Absence Of Ignition And Actual Destruction Of Property -- Foundational Ingredient Of Mischief Absent Under Section 425 IPC -- Mere Possession Of Combustible Material Does not Attract Sections 435 And 511 IPC
To attract mischief under Section 425 IPC, there must be actual destruction of or injurious change to property — mere possession of combustible material without ignition does not constitute mischief. Absence of mischief under Section 425 IPC necessarily negates the offence of mischief by fire under Section 435 IPC, as the latter presupposes commission of mischief as a foundational ingredient. Where mischief itself is not established, the offence of attempt under Section 511 IPC cannot be attracted. Preparation to commit an offence is distinct from an attempt to commit it.
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