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Section 351(4) of The Bharatiya Nyaya Sanhita (BNS), 2023

Section 351(4) BNS, BNS 351(4)
Section 351(4) BNS, BNS 351(4)

Section 351(4) BNS or BNS 351(4) As Per The Government of India

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Section 351(4) BNS | BNS 351(4)

(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).

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Read: Section 351 BNS

Section 351(4) BNS Punishment

SectionPunishmentBy what Court triable
Section 351(4) BNSImprisonment for 2 years, in addition to the punishment under section 351(1).Magistrate of the first class.

Section 351(4) BNS Bailable or Not

SectionBailable or Non-bailable
Section 351(4) BNSBailable

Section 351(4) BNS Cognizable or Not

SectionCognizable or Non-cognizable
Section 351(4) BNSNon-cognizable

BNS Section 351(4) Compoundable or Not

SectionCompoundable or Not?
Section 351(4) BNSNon-Compoundable

Frequently Asked Questions (FAQ)

What is Section 351(4) BNS (BNS 351(4))?

Section 351(4) BNS, or BNS 351(4), is a key legal provision addressing criminal intimidation carried out through anonymous communications. This section specifies the penalties for individuals who make threats while concealing their identity or location. Here’s a detailed look at what Section 351(4) BNS entails and how it applies to anonymous threats.

Section 351(4) BNS deals with cases where criminal intimidation is carried out anonymously or with efforts to hide the identity and location of the person making the threat. The law recognizes that such tactics are used to evade detection and accountability, and it imposes specific penalties for this form of intimidation.

Key Aspects of Section 351(4) BNS

  1. Anonymous Communication: If someone commits criminal intimidation through an anonymous communication, where their identity and location are concealed, they fall under this section. This includes threats made via anonymous letters, messages, or any other form of communication that does not reveal the sender’s identity.
  2. Concealment of Identity: The law also applies when the individual has taken steps to hide their name or address to avoid being identified. This could involve using fake names, false addresses, or any other means to mask their true identity while making threats.

Penalties Under Section 351(4) BNS

The penalties for violating Section 351(4) BNS are significant:

  1. Imprisonment: A person found guilty of criminal intimidation through anonymous means can face imprisonment for up to two years. This sentence is in addition to any penalties under Sub-section (1) of the same section, which deals with general criminal intimidation.
  2. Additional Punishments: The imprisonment under BNS 351(4) is supplementary to any punishment prescribed under Section 351(1). This means that an individual convicted under Section 351(4) will face the penalties for the base offense of criminal intimidation as well as an additional term of up to two years for the anonymous aspect of the crime.

Real-World Example

To illustrate how Section 351(4) BNS is applied, imagine a situation where Person A sends threatening messages to Person B using a fake email address and phone number, deliberately hiding their identity. If Person A is caught and found guilty, they could face imprisonment for up to two years under BNS 351(4), on top of any other penalties associated with the criminal intimidation itself under Section 351(1).

Legal Process and Protection

If you are a victim of intimidation through anonymous communication, it’s important to take action. Document any threats and report them to the authorities. Law enforcement can work to track down the perpetrator and ensure they are held accountable. Victims should also seek legal advice to understand their rights and the steps they can take to protect themselves.

Conclusion

Section 351(4) BNS is a vital legal provision designed to address and penalize criminal intimidation conducted anonymously. By imposing additional penalties for concealing one’s identity while making threats, BNS 351(4) ensures that those who attempt to evade justice through anonymity are still held accountable. Understanding this section helps in recognizing the severity of anonymous threats and underscores the importance of seeking legal recourse and protection in such cases.