351. Criminal intimidation.— (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).

What is Section 351 BNS?

Section 351 BNS defines criminal intimidation as a situation where someone threatens another with harm. The harm can be physical, emotional, or financial. The key here is that the threat must be serious enough to cause fear or force the victim to act in a way they wouldn’t otherwise.

For example, imagine someone threatens to burn your house down unless you drop a legal case against them. That’s criminal intimidation. It doesn’t matter if the threat is carried out or not; the mere act of threatening is enough to be punished under this law. Similarly, if someone threatens to harm your reputation or the reputation of a loved one, it could also fall under this section.

Role of Mens Rea in Criminal Intimidation

In criminal law, mens rea or “guilty mind” plays a pivotal role. In simple terms, for Section 351 BNS to apply, the person making the threat must have the intention to cause fear or force action. It’s not enough for someone to casually or jokingly make a threatening statement. There has to be an underlying intent to create fear or push the other person to act in a certain way.

For example, if a person jokingly says, “I’ll burn your house,”, this wouldn’t be considered criminal intimidation under Section 351 BNS. The intention matters, and a threat made without the intention to cause harm might not be seen as a criminal offense.

Key Elements of Section 351 BNS

To fully understand Section 351 BNS, let’s break down its key elements:

Threat: There must be a clear threat, whether it’s to harm someone physically, damage their property, or ruin their reputation.
Intent: The threat must be made with the specific intention to cause fear or to force someone into action.
Target: The threat can be directed at the person themselves, their reputation, their property, or someone close to them.
Result: The threat must cause a reaction, either creating fear or forcing the victim to act in a way they wouldn’t normally do.

Real-Life Scenarios of Section 351 BNS

To help you understand how Section 351 BNS works, here are some real-life examples where this law can be used:

Workplace Threats: If a colleague threatens to harm another employee to stop them from reporting unethical behavior or wrongdoing at work, this is considered criminal intimidation. The threat forces the employee to stay silent or take action against their will.
Property Disputes: If a neighbor threatens to damage your property unless you leave your house, this too falls under Section 351 BNS. The threat creates fear and forces you to consider leaving your property, even if you have every legal right to stay.
Online Harassment: In today’s digital age, threats made over the internet are common. For example, if someone anonymously threatens to leak your private photos unless you pay them money, this is criminal intimidation as well. The fear of harm (like the damage to your reputation) or financial loss is enough for the threat to be punishable by law.

Who Can Claim Justice Under Section 351 BNS?

Anyone who is threatened or intimidated can file a case under Section 351 BNS. However, there are a few conditions that need to be met:

The threat must be clear and specific.
The threat must be serious enough to cause fear or force action.
The person making the threat must have malicious intent to intimidate the victim.

How to File a Case Under Section 351 BNS

If you’ve been a victim of criminal intimidation, here’s what you can do to file a case:

Complain to the Police: Visit your local police station and file a First Information Report (FIR). Provide all the details of the threat, including evidence such as screenshots, messages, or witness accounts.
Approach the Court: If the police do not take appropriate action, you can approach the magistrate’s court and file a private complaint.
Seek Legal Assistance: It’s always a good idea to hire a lawyer who can guide you through the legal process and represent you in court.

By What Court Triable?

Section 351 BNS cases are triable in:

Magistrate Court: Any magistrate can handle cases under Section 351(2) BNS.
First-Class Magistrate: More serious cases are triable under Section 351(3) BNS and Section 351(4) BNS, both of which are handled by first-class magistrates.

Punishment Under Section 351 BNS

The punishment for criminal intimidation varies depending on the severity of the threat:

General Cases: For regular threats, the punishment can be up to 2 years of imprisonment, a fine, or both.
Serious Threats: If the threat involves death, serious bodily harm, property destruction by fire, or defamation of a woman’s character, the punishment can extend up to 7 years of imprisonment, a fine, or both.
Anonymous Threats: If the threat is made anonymously, an additional 2 years of imprisonment can be added to the punishment provided under sub-section (1).

Maximum Punishment Under Section 351 BNS

The maximum punishment under Section 351 BNS is 7 years of imprisonment. This is particularly applicable in cases involving serious threats like death, grievous hurt, or the defamation of a woman.

Is Section 351 BNS Bailable or Non-Bailable?

The bailability of an offence under Section 351 BNS depends on the severity of the threat:

Section 351(2) BNS: Bailable – This means if someone is accused under this section, they can apply for bail.
Section 351(3) BNS: Bailable – Bail can also be granted in cases under this section, depending on the circumstances.
Section 351(4) BNS: Bailable – As with Sections 351(2) and 351(3), bail can be granted, but it will be decided based on the details of the case.

Factors Considered by Courts in Granting Bail

When deciding whether to grant bail for a Section 351 BNS case, courts consider:

The severity of the threat.
The likelihood of the accused repeating the offence.
The criminal history of the accused.
The impact of the threat on the victim.

Is Section 351 BNS Compoundable?

A compoundable offense means that the victim can choose to settle the matter outside of court. Here’s how Section 351 BNS works in this regard:

Section 351(2) BNS: Yes, it is compoundable, meaning the victim can decide to resolve the matter peacefully without pursuing a legal case.
Section 351(3) BNS: Yes, this section is also compoundable, allowing the victim to settle the matter out of court.
Section 351(4) BNS: No, According to the Section 359 of The Bharatiya Nagarik Suraksha Sanhita (BNSS), this section is not compoundable. If someone is charged under this section, the case will need to go through the legal process.

Is Section 351 BNS a Cognizable Offence?

A cognizable offence is one where the police can make an arrest without a warrant. Here’s the status of Section 351 BNS:

Section 351(2) BNS: Non-cognizable – The police can’t arrest someone without a warrant. If you file a complaint under this section, the police will need approval from the court before taking action.
Section 351(3) BNS: Non-cognizable – Similar to Section 351(2), the police will need a warrant to arrest someone under this section.
Section 351(4) BNS: Non-cognizable – The same applies as above.

Case Laws Related to Section 351 BNS

Several cases have helped shape the interpretation of Section 351 BNS. Some key ones include:

Romesh Chandra Arora v. State (1959): Even a veiled threat that causes fear can be criminal intimidation.
State of Maharashtra v. Suresh (2000): Anonymous threats are treated with more seriousness due to the added psychological trauma.
State of Rajasthan v. Kashi Ram (2006): Subtle threats that cause fear can still be considered criminal intimidation.
K. Satyanarayana v. The State of Andhra Pradesh (2016): Threatening someone’s reputation or property is just as serious as threatening physical harm.

Pros and Cons of Section 351 BNS

Pros:

Offers legal protection against threats.
Covers a broad range of threats, including online and anonymous ones.
Severe punishments act as a deterrent for potential offenders.

Cons:

Proving the intent behind the threat can be challenging.
Victims may face social stigma or retaliation.
Legal proceedings can be time-consuming and expensive.
There’s the possibility of misuse of the law by false claims.

Frequently Asked Questions (FAQ)

1. What is criminal intimidation? Criminal intimidation is the act of threatening someone with harm to their body, reputation, or property, with the intention of causing fear or forcing them to act.

2. Can I file a case for online threats? Yes, online threats are covered under Section 351 BNS, especially if they’re made anonymously.

3. What’s the punishment for criminal intimidation? Punishments can range from 2 years to 7 years of imprisonment, depending on the severity of the threat.

4. How do I prove criminal intimidation? Evidence such as messages, emails, and witnesses can help prove a case of criminal intimidation.