(1) 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, as the means of avoiding the execution of such threat, commits criminal intimidation.
Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.
Illustration:
A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.
(2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(4) Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence under sub-section (1).
Simplified Explanation
Section 351 of the Bharatiya Nyaya Sanhita 2023 defines the offense of criminal intimidation and provides the punishment for such offenses.
Key Provisions of Section 351:
Criminal Intimidation (Subsection 1):
- Criminal intimidation occurs when a person threatens another person with injury to their:
- Person (physical harm),
- Reputation (defamation),
- Property (damage or destruction).
- The threat can be directed at:
- The person themselves, or
- The person or reputation of someone with whom the threatened person is associated (e.g., family member, friend).
- Intentions behind the threat:
- The purpose is to cause alarm to the threatened person, or
- To force the threatened person to do something they are not legally obligated to do, or to prevent them from doing something they are legally entitled to do.
- The section also covers threats to harm the reputation of a deceased person if the person threatened has an interest in their reputation (e.g., family member).
- Example:
- If A threatens to burn B’s house to stop B from prosecuting a civil suit, A is guilty of criminal intimidation.
Punishment for General Criminal Intimidation (Subsection 2):
- Whoever commits the offense of criminal intimidation, without resorting to extreme threats, will be punished with:
- Imprisonment (of either description) for a term that may extend to two years, or
- Fine, or
- Both imprisonment and fine.
Enhanced Punishment for Severe Threats (Subsection 3):
- If the threat involves any of the following, the punishment is more severe:
- Threat of death or grievous hurt,
- Destruction of property by fire,
- Offense punishable with death or imprisonment for life, or
- Imputing unchastity to a woman.
- In such cases, the punishment includes:
- Imprisonment for a term that may extend to seven years, or
- Fine, or
- Both imprisonment and fine.
Punishment for Anonymous Threats (Subsection 4):
- If the threat is made anonymously or in a way that the identity of the person making the threat is concealed (e.g., through an anonymous letter), the punishment is:
- Imprisonment for a term that may extend to two years, in addition to the punishment described in subsection (1).
Summary:
Section 351 deals with the criminal act of intimidation, which involves threatening to cause harm to someone’s person, reputation, or property, or to influence their actions in an unlawful way. The severity of the punishment varies depending on the nature of the threat:
- General threats lead to imprisonment for up to two years.
- Severe threats (e.g., threats of death, grievous injury, destruction of property, or threats against women) lead to imprisonment of up to seven years.
- Anonymous threats incur additional punishment of up to two years of imprisonment, alongside the base punishment.
The section seeks to ensure protection against threats that could cause undue harm or coercion, both to individuals and their interests.
