IPC Section 506: Punishment for Criminal Intimidation - BNS Section 351

Section 506 of the Indian Penal Code, 1860 prescribed punishment for criminal intimidation. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024, the corresponding punishment provisions are Sections 351(2) and 351(3). The definition appears in BNS Section 351(1).

Original provision: IPC Section 506

The former Section 506 provided the following punishment:

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;

If threat be to cause death or grievous hurt, etc. - and if the threat be 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.

This historical provision should be read with IPC Section 503, which defined the underlying offence. The current BNS groups the definition, punishment and anonymous threats within Section 351.

What is criminal intimidation?

Under BNS Section 351(1), criminal intimidation involves threatening another person with injury to that person's body, reputation or property, or to the person or reputation of someone in whom that person is interested. The threat must be made with intent to cause alarm, or to cause the person to do something they are not legally bound to do, or omit something they are legally entitled to do, as a means of avoiding the threat.

The statutory explanation also includes a threat to injure the reputation of a deceased person in whom the threatened person is interested. An expression of anger or an unpleasant statement is not automatically criminal intimidation: the legal elements, circumstances and intention must be established.

Current law: BNS Section 351(2) and 351(3)

Section 351(4) separately addresses intimidation by anonymous communication or where the offender takes precautions to conceal their name or abode. It provides additional imprisonment up to two years over the punishment otherwise applicable. This corresponds to former IPC Section 507.

When does the higher seven-year punishment apply?

The aggravated category under BNS Section 351(3) covers threats to:

1. Cause death or grievous hurt.
2. Destroy property by fire.
3. Cause an offence punishable with death, imprisonment for life, or imprisonment for a term extending to seven years.
4. Impute unchastity to a woman.

The aggravated provision depends on the nature of the threat, not merely on the fact that the complainant found it frightening. A threat of a serious kind must still meet the underlying definition of criminal intimidation.

Essential ingredients to be proved

1. A threat of injury: There must be a threat concerning the protected interests specified by law.
2. Required intention: The accused must intend to cause alarm or to compel the recipient to act or refrain from acting in the statutory manner.
3. Connection with the recipient: The threat must concern the recipient or another person whose protected interests are covered by the section.
4. Aggravating circumstance, where alleged: For Section 351(3), the prosecution must establish the specific nature of the aggravated threat.

Whether the ingredients are met depends on the exact words or conduct, surrounding circumstances, context and available evidence. A completed injury is not a prerequisite to the offence, but an allegation alone is insufficient for conviction.

Practical illustrations

• Threat to compel withdrawal of a case: A threatens to burn B's house unless B withdraws a lawful proceeding. Depending on the facts and intent, this may constitute criminal intimidation and engage the aggravated category involving destruction by fire.
• Threat of physical harm: A deliberately threatens to kill B to cause alarm. If proved, the aggravated punishment provision may apply.
• Ordinary disagreement: Harsh criticism or an argument without the necessary threat and intent does not automatically satisfy Section 351.
• Anonymous threat: A person sends an intimidating anonymous message while concealing identity. Section 351(4) may also become relevant.

Complaint, police action and bail

For conduct after 1 July 2024, the BNSS First Schedule governs the general classification of offences under BNS Section 351. The classification of ordinary intimidation and aggravated intimidation should be checked against the applicable schedule and any valid state-specific legal modification. The ordinary offence under Section 351(2) is generally listed as non-cognizable and bailable; aggravated threats under Section 351(3) require separate consideration of the applicable schedule and local amendments.

Where an offence is non-cognizable, police investigation ordinarily requires the Magistrate's order under BNSS Section 174, subject to the applicable statutory rules. Where the information discloses a cognizable offence, BNSS Section 173 governs recording of information, including its statutory conditions. If a complaint includes several offences, the overall procedural position may differ.

A complainant should preserve the original threatening communication, dates, witnesses and surrounding circumstances. Electronic records may require proof of authenticity and compliance with the Bharatiya Sakshya Adhiniyam, 2023, including Section 63 where applicable.

Related IPC provisions and their BNS counterparts

Which law applies to older incidents?

The BNS came into force on 1 July 2024. Conduct before that date may remain governed by the IPC, having regard to the repeal-and-savings provisions in BNS Section 358 and applicable procedural transition rules. The date of the alleged incident and the stage of proceedings are important.

Frequently asked questions

Official statutory references

• India Code - search the Bharatiya Nyaya Sanhita, 2023, Section 351 and Section 358; the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 173 and 174 and First Schedule; and the Indian Penal Code, 1860, Sections 503, 506 and 507.
• Ministry of Home Affairs - official information and notifications concerning India's new criminal laws.

This page provides general legal information. Verify the latest legislation, local amendments and applicable court decisions for a specific matter.