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, anybody 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,

(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 rumours 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 archaeological monument or statue included in the world heritage list, any site or museum in which objects of historical or archaeological importance are kept, or any achieve where historical documents are kept, any military or para-military house or place in which arms and ammunition of the army or police are stored, security press, mint, factory, Nepal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, archaeological 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 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 or damage is caused to any person by reason of the commission of the offence referred to in this Section, 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.