Property’s Interference of Use
Section 24. Property’s Interference of Use
Anyone who knowingly or recklessly damages the property of another, rendering it ineffective for its intended use, or interferes with any person’s lawful use or operation of the property is guilty of an offense punishable by not less than …. imprisonment and not exceeding …… imprisonment and/or fine not less than ……and not exceeding …….
Explanatory Notes
The mental element required for conviction in section 24 is either intentionally: the actor intended his actions and intended its consequences, knowingly: the actor was aware of the nature of his actions and its consequences, or recklessly: the actor was taking unjustifiable risks that may interfere with the property of another.
Section 24 addresses various circumstances including consumption of perishable items and destruction or interference with the use of computer data.
Section 24.1 Property’s Interference of Use – Aggravating Circumstances
- Anyone who commits property’s interference of use and shows reckless indifference to the value of human life and causes actual danger to life is guilty of an offense punishable by not less than ten years imprisonment and not exceeding 25 years imprisonment and fine not less than ……and not exceeding …….
- Anyone who commits property’s interference of use knowing that the property is a place of worship, or is an object held sacred by any class of persons is guilty of an offense punishable by not less than … imprisonment and not exceeding …imprisonment and/or fine not less than ……and not exceeding …….
Explanatory Notes
The mental element required for conviction in section 24.1 (1) is reckless indifference to the value of human life while committing Property’s interference of use offense. The judge must be satisfied before conviction that the actor while committing the offense of Property’s interference of use had considered the consequences of his actions and foresaw the possibility of death because of his actions but nevertheless proceeded with his plans.
The mental element required for conviction in section 24.1 (2) is the actor’s awareness that the property he is interfering with is intended for use as a place of worship, or is an object held sacred by a class of persons. The judge must be satisfied before conviction that the actor while committing the offense of Property’s interference of use was actually aware that the property he is interfering with is intended for use as a place of worship, or is an object held sacred by a class of persons.
Section 24. 1(2) does not overlap with section 16, Crime against sacred text, God and Prophets. Section 16 is designed to address particular concerns, such as Desecration of a copy of the Holy Qur’an, while section 24.1 (2) is general in nature. It addresses a variety of circumstances that involve interference of use of places of worship, or property sacred to a class of persons.
