BNS Section 351 (Old IPC 506): Criminal Intimidation – Punishment & Bail

Introduction

BNS Section 351 deals with the offence of criminal intimidation under the Bharatiya Nyaya Sanhita, 2023. The provision seeks to protect individuals from threats that are intended to cause alarm or compel them to act against their legal rights or obligations.

The section corresponds to the former IPC Sections 503 and 506 and continues the legal framework relating to criminal intimidation under Indian criminal law. The law recognises that threats to a person's life, reputation, property, or the interests of their loved ones can seriously affect personal liberty and security.

In this article, you will learn what BNS Section 351 covers, its punishment, bail provisions, court jurisdiction, legal procedure, and how it compares with the old IPC provisions.

What is BNS Section 351?

BNS Section 351 defines criminal intimidation as threatening another person with injury to their person, reputation, or property, or to the person or reputation of someone in whom they are interested, with the intention of causing alarm.

The offence may also occur when a threat is used to force a person to do something they are not legally bound to do or to prevent them from exercising a legal right.

The focus of the offence is the intention behind the threat and its purpose of creating fear or compelling conduct.

Bare Act Text

Whoever threatens another by any means, with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, commits criminal intimidation.

Explanation

A threat to injure the reputation of any deceased person in whom the person threatened is interested is also covered within this section.

Illustration

A threatens to burn B's house in order to prevent B from prosecuting a civil suit. A is guilty of criminal intimidation.

Punishment

Whoever commits criminal intimidation shall be punished with imprisonment which may extend to two years, or with fine, or with both.

Aggravated Criminal Intimidation

If the threat involves death, grievous hurt, destruction of property by fire, an offence punishable with death or life imprisonment, or imputing unchastity to a woman, the punishment may extend to seven years, or fine, or both.

Anonymous Threats

Criminal intimidation committed through anonymous communication or by concealing the identity of the person making the threat may attract additional punishment of up to two years.

In Simple Words

BNS Section 351 punishes a person who threatens another individual with the intention of causing fear or forcing them to act against their legal rights. For example, threatening to harm someone, damage their property, ruin their reputation, or harm a family member to compel compliance may amount to criminal intimidation.

Essential Ingredients of BNS Section 351

For an offence under BNS Section 351 to be established, the prosecution generally has to prove:

1. A threat was made by the accused.
2. The threat related to injury to a person, reputation, or property.
3. The accused intended to cause alarm.
4. The threat was intended to compel an act or omission.
5. The conduct was unlawful and not protected by law.

Punishment Under BNS Section 351

A person convicted under BNS Section 351 may be punished with:

• Imprisonment up to 2 years; or
• Fine; or
• Both.

Enhanced Punishment

Where the threat involves:

• Death;
• Grievous hurt;
• Destruction of property by fire;
• An offence punishable with death or life imprisonment; or
• Imputing unchastity to a woman,

the punishment may extend to 7 years, or fine, or both.

Anonymous Threats

If criminal intimidation is committed through anonymous communication or by concealing identity, additional punishment of up to 2 years may be imposed.

Classification of the Offence

Meaning of the Classification

Since the offence is non-cognizable, the police generally follow the procedure prescribed by law before commencing investigation.

The offence is bailable, meaning an accused person may obtain bail in accordance with legal provisions.

The offence is compoundable by the threatened person, allowing settlement in legally permissible circumstances.

Cases under BNS Section 351 are triable by a Magistrate First Class.

Bail Under BNS Section 351

BNS Section 351 is a bailable offence.

An accused person may apply for bail and is generally entitled to release on bail subject to compliance with legal requirements and court directions.

The grant of bail does not affect the merits of the case, which are determined during trial.

Which Court Has Jurisdiction?

Offences under BNS Section 351 are triable by a Magistrate First Class.

After the filing of a complaint and completion of the necessary legal process, the matter proceeds before the competent Magistrate for trial and adjudication.

Step-by-Step Legal Process

1. Filing of complaint.
2. Preliminary examination by the competent authority.
3. Collection of evidence and witness statements.
4. Registration of case where applicable.
5. Framing of charges.
6. Trial before the Magistrate First Class.
7. Examination of witnesses.
8. Defence evidence.
9. Final arguments.
10. Judgment.
11. Sentencing upon conviction.
12. Appeal before the higher court.

IPC Sections 503/506 vs BNS Section 351

BNS Section 351 substantially continues the provisions previously contained in IPC Sections 503 and 506. The nature of the offence and punishment remain largely similar under the new criminal law framework.

Important Case Laws

Manik Taneja v. State of Karnataka (2015)

The Supreme Court observed that mere expression of words without intention to cause alarm may not constitute criminal intimidation.

Vikram Johar v. State of Uttar Pradesh (2019)

The Court emphasised that intention to cause alarm is an essential ingredient of criminal intimidation and must be established from the facts of the case.

Defences Available to the Accused

Depending upon the facts of the case, the accused may raise the following defences:

• No threat was made.
• Lack of intention to cause alarm.
• Misunderstanding or miscommunication.
• False implication.
• Absence of evidence.
• Statements made without criminal intent.

The success of any defence depends upon the evidence produced before the court.

Real-Life Illustration

Suppose A threatens B that he will seriously harm B unless B withdraws a legal complaint. The threat causes fear and is intended to force B to abandon a legal right. In such circumstances, A may be liable for criminal intimidation under BNS Section 351.

Similarly, threatening to damage property or harm a family member in order to compel someone to act against their wishes may also attract liability under this section.

Conclusion

BNS Section 351 is an important provision dealing with criminal intimidation under the Bharatiya Nyaya Sanhita, 2023. It protects individuals from threats intended to cause fear, compel unlawful conduct, or interfere with legal rights. The offence is non-cognizable, bailable, and compoundable by the threatened person. Depending on the nature of the threat, punishment may extend up to seven years. Understanding BNS Section 351 helps individuals understand the legal consequences, punishment, bail provisions, and procedural aspects relating to criminal intimidation under Indian law.