Law Info Nepal

5 Arson (Aago Lagauda)

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

Definition (the Code's scheme): arson is setting fire to property — the offence's actus being the ignition (or the attempt), the mens rea being the intent (or knowledge of likelihood) to cause damage or endangerment. The protected objects (the graded list):

1. Dwellings and structures — buildings used as human dwelling or for the custody of property (the house, the godown, the shop) — the highest protection: the home as life's container (arson's special horror: the sleeping household — the endangerment aggravation);

2. Crops and produce — standing crops, harvested stacks, farm produce (the rural economy's arson: the rival's field);

3. Forests — the setting of forest fire (the environmental aggravation — the community-forest era's offence: the Code and forest legislation's overlap);

4. Vehicles and means of transport.

Elements: setting fire (not mere scorching? — the ignition's sufficiency); property of another or property in which another has an interest (the own-property arson where endangering others — the insurance-fire's fraud pairing); intent to cause damage or knowledge of likelihood; the aggravated forms where life endangered, where explosion used, where habitation burned by night.

Mischief and property damage (the family's general clause): the destruction/diminishing of property's value or utility by any means (poisoning the tree, cutting the pipe, letting the buffalo loose in the field, the data-deletion era's questions) — arson as mischief's most dangerous species (fire as the aggravated instrument).

Comparative notes (a line each): the common law's arson (the dwelling-burning felony's narrow origin, broadened by statute); the Indian scheme's "mischief by fire" aggravated family (now the Bharatiya Nyaya Sanhita 2023's successor provisions); and the Nepali Code's unified property-damage chapter — the civil-law-style grading by object and result.

यही युनिटका अरू उत्तर

नोट AI-सहयोगमा बनेका हुन्; मुद्दाको नाम, मिति र धारा पाठ्यपुस्तक र नेपाल कानून पत्रिकासँग आफै जाँच्नुहोस्।

← अरू प्रश्न खोज्नुहोस्