Section 506 IPC - Punishment For Criminal Intimidation - Ipleaders
Section 506 IPC - Punishment For Criminal Intimidation - Ipleaders
Section 506 IPC - Punishment For Criminal Intimidation - Ipleaders
This article is written by Ashutosh Singh, a student at Amity Law School, Amity University,
Kolkata. This article explains the offence of criminal intimidation under Section 506 of the
Indian Penal Code, 1860 along with judicial opinions in the matter.
Table of Contents
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1. Introduction
2. Description of Section 503 IPC, 1860
2.0.1. Illustrations
3. Essentials of Section 503 IPC, 1860
3.1. Alarm
3.2. Injury
3.3. Intimidation
3.4. Intention
3.5. Threat
3.6. Case laws
3.6.1. Vikram Johar v. State of Uttar Pradesh (2019)
3.6.2. Manik Taneja v. State of Karnataka (2015)
3.6.3. Romesh Chandra Arora v. State (1960)
4. Description of Section 506 IPC, 1860
4.0.1. Shrikrushna S/o Babulaji Tawari v. the State of Maharashtra, Criminal (2020)
4.0.2. Exception
4.0.3. Nature and extent of the threat
4.0.4. Nature of the threatening words or action
5. Description of Section 507 IPC, 1860
6. Steps to be taken when faced with criminal intimidation
7. Scope of Section 506 IPC under different State Governments
8. Important judgments
8.1. Shri Padma Mohan Jamatia v. Smt. Jharna Das Baidya (2019)
8.2. Amitabh Adhar v. NCT of Delhi (2000)
8.3. Subramanian Swamy (Dr.) v. C. Pushparaj, (1998)
8.4. Kanshi Ram v. State (2000)
8.5. Tilak Raj v. The State of Himachal Pradesh (2016)
9. Conclusion
10. References
Introduction
The provisions for criminal intimidation are given under Section 503 to Section 507 under
the Indian Penal Code, 1860 (IPC). The general public sometimes gets confused between
extortion, assault and criminal intimidation. Section 503 of IPC, 1860 describes what is
criminal intimidation and Section 506 and Section 507 are the penal sections that state the
punishment for the offence of criminal intimidation.
Intimidation in layman terms means to threaten somebody and thereby to make them act
or react in a particular manner. In other words, threaten somebody so they do as per the
desire of the intimidator and they are made to do an act they are not legally bound to or
omit to do so to avoid the threat. Section 503 describes what constitutes criminal
intimidation. To understand the punishment for criminal intimidation under Section 506 of
IPC, it is also important to learn about Section 503 which defines what criminal intimidation
is.
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and makes them do something which he/she is legally not bound to do, or to omit to do any
act which he/she is legally entitled to do, to avoid the execution of such threat is
committing an act of criminal intimidation.
Illustrations
A thief entered the house of ‘X’ and robbed the house and also threatened to kill him and
his wife if they raised an alarm or complained to the police when they caught him
stealing. After the robber left they immediately called the police and as soon as the
police caught the culprit, he was charged with robbery and criminal intimidation.
However, the accused got bail but he was finally held guilty by the Court on charges of
criminal intimidation and robbery.
It was alleged that Mr. ‘A’, the cousin of a blind girl touched her hand when she was
asleep and further proceeded to remove her quilt and insert his hand inside her dress. He
also threatened to kill her if she disclosed his identity to anyone. The girl’s family filed a
complaint against Mr “A”. The Court held that Mr “A” was guilty of criminal intimidation
under this section, apart from other offences.
Z’s neighbour ‘Y’ had built a garage without informing him while he was on a holiday.
When ‘Z’ returned, he protested against this act of ‘Y’ because this had damaged the part
of the property that belonged to ‘Z’. ‘Y’ also abused ‘Z’ with filthy language and
threatened to get ‘Z’ beaten and killed by Y’s hooligans and gunda friends. ‘Z’ was
advised by his lawyer to take the matter to Court. The Court held that the threat to beat
up ‘Z’ and get him killed was a clear case of criminal intimidation, however, the abuses
would not amount to an offence under this section.
Mrs. “A” and her husband had an inter-caste marriage after running away from home as
their families did not want them to get married. After a year, Mrs “A” received letters
from her father and brother saying that they will come to separate Mrs “A” and her
husband. They threatened to burn Mrs “A”’s house and kill her husband as they were still
angry at Mrs “A” for eloping with her husband. Mrs “A” and her husband were scared and
approached a lawyer who helped them to file a case of criminal intimidation against the
family members threatening to harm them and their property.
‘D’ and his friends decided to file a case against a clothes shop where the shopkeeper
took some photos of ‘D’s friend ‘F’ while she was changing and trying out new clothes.
When ‘D’ and his friends were caught by the shopkeeper, the shopkeeper threatened that
he would leak the pictures of ‘F’ and also hurt ‘D’ and his friend’s family members if they
approached the police. Despite the threat, ‘D’ and his friends approached the police in
the first instance. They went to Court and initiated a criminal procedure suit against the
shopkeeper. The shopkeeper was charged with voyeurism along with criminal
intimidation.
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For an offence to attract Section 503 of IPC, the following have to exist:
The act that causes a person to end up doing something he/she is not legally bound to do
for avoiding the harm that may arise if he does not do it, or cause that person to omit
something he/she is legally bound to do under fear of harm to them by the person
intimidating them is criminal intimidation. Both the ingredients should essentially exist
together for the offence to be complete. The non-existence of any one of them may refute
the charge against the accused. The communication of the threat may happen either orally,
in written form or even by gestures. Thus, even showing provoking gestures can be
intimidating. Even a threat to hurt the reputation of a deceased person in whom the
threatened person is interested is covered under Section 503. Let us understand some
terms used in Section 503 IPC, 1860.
Alarm
Earlier it was mentioned by the Orissa HC in the case of Amulya Kumar Behara v.
Nabaghana Behara Alias Nabina (1995) that threat causes a lot of mental anxiety and
stress to a person which may be alarming but the degree of alarm may vary from person to
person. The alarm caused by the intimidator should be of such a nature that it unsettles the
threatened person to such an extent that he/she loses control over his/her free voluntary
actions. A threat in this case is measured considering a person of common firmness, of
reason, and prudence.
Injury
Section 44 of IPC defines injury. It means any harm that is illegally caused to any person’s
body, mind or repute.
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Intimidation
According to Webster’s dictionary intimidation means to make another person afraid or force
them with violence and compel them to do an act.
Intention
It is a mental condition. Intention plays an essential role in ascertaining whether the
accused is guilty or not and the same can be clarified taking into consideration the facts and
circumstances of the case.
Threat
It originated from the Anglo-Saxon word “threoton to lire”, (harass). It is the plan of or a
purpose to inflict loss, pain or punishment on another person.
Case laws
Nevertheless, she was asked to come to the police station and was supposedly threatened
by the police. Feeling aggrieved and with nowhere to go, she posted comments on the
Facebook page of Bangalore traffic police about their harsh treatment and harassment of
her. The police filed an FIR and registered a case under Sections 353 and 506 of the IPC
against the appellant. However, the bench held that there was no instance of criminal
intimidation in this case.
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The second part of Section 506 is attracted if a person threatens to cause death or
grievous injury or destruction of any property by fire, then the offence is punishable with
imprisonment for a term which may extend to seven years or fine or with both.
The offence under the first part of Section 506 is a compoundable offence if the parties
compromise and settle the matter and the complainant agrees to have the charges
dropped against the accused.
Mrs. ‘S’, aged 45 years is very happy in her marriage with Mr. ‘R’, her husband. It was
stated in the complaint that the applicant had approached Mrs.’S’ when she was washing
utensils and tried to give her a chit. Mrs. ‘S’ however, refused to accept the same and then
the applicant threw the chit on her and left muttering to himself that he loved her. The
following morning the applicant returned and gesticulated obscenely to her, warning her not
to tell anyone about what was written in the chit. Mrs.’S’ alleged that earlier in this incident,
the applicant used to sometimes flirt with her and used to throw small pebbles on her. After
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investigation, when the final report has submitted the applicant denied guilt stating that he
was a neighbouring grocery store owner and Mrs.’S’ used to purchase groceries from him on
credit and did not want to pay the applicant the due money, hence she lodged a false
complaint against him.
Going by the chits at hand and other materials brought on record, the Magistrate and the
Appellate Court held the applicant guilty of offences that were punishable under Sections
354, 506 and 509 of the IPC, 1860.
The Nagpur Bench of Bombay High Court, however, held that the conviction recorded under
Section 506 of the IPC was unsustainable because as per the evidence on record, the
applicant threatened Mrs. ‘S’ not to disclose the contents of the chit. The bench said that it
was open to speculation about the nature of the threat and whether the words used were
such as would cause alarm and whether Mrs. ‘S’ as a fact was alarmed.
Exception
Pursuant to Section 320 of the Code of Criminal Procedure, 1973, the offence under Section
506 (part 2) cannot be lawfully compounded. Nonetheless, in a legitimate situation, a
withdrawal from the prosecution may be permitted. If the bail is denied by a Magistrate of
First Class, the application processes may be initiated in the Sessions Court. If still
unsuccessful, the case may be taken to the High Court.
In the case, Ghanshyam vs. State of Madhya Pradesh (1989), the accused entered a house
in the middle of the night, carrying with him a knife and threatened to kill the residents.
This was held by the Madhya Pradesh HC to be criminal intimidation under part two Section
506 of IPC.
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he/she would not have done if not intimidated, or to omit something he/she is legally bound
to do. The nature of the threat, the language used for threatening and the terms used were
enough to cause fear/alarm, are issues that are up to speculation.
Section 507 is actually a corollary to Section 506 and has provision for criminal intimidation
through anonymous communication and criminal inducement Many people do not have the
courage to intimidate a person directly and so they resort to criminal intimidation by an
anonymous letter or by a letter signed with a made-up name or conceal their identity and
place of stay. In such instances, the offence attracts a punishment of 2 years imprisonment
in addition to the punishment given under Section 506. An offence under Section 507 is
non-cognizable, bailable, not compoundable and triable by a Magistrate of the first class.
The main essentials of this Section are the same as that of Section 503 but the threat is
given either by an anonymous communication or having taken care to conceal the
name/abode of the person who gives the threat. It is not necessary that both the abode and
name need to be concealed for an offence to be punishable under this section. An offence
under Section 507 attracts a harsher punishment than Section 506 as the punishment
under Section 507 is clubbed with the punishment under Section 506.
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Government thus has the power to declare that an offence punishable under Section 188 or
Section 506 of the Indian Penal Code shall be non-bailable.
The reason for taking such a step is because India is a very diverse country and an offence
that is not very serious in one part of the country may be considered very offensive by the
society in another part of the country. Thus, the State Governments were given the power
to change the classification of certain offences under Section 10 of the Criminal Law
Amendment Act, 1932. In Uttar Pradesh, Uttarakhand, Meghalaya, Andhra Pradesh,
Telangana and Maharashtra Section 506 of IPC is cognizable and non-bailable. However, in
Meghalaya, the punishment is imprisonment of 3 years or fine or both.
Important judgments
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to the Police against her husband and both the petitioners. Investigation in the matter
culminated in the submission of a charge sheet under Sections 498A, 406, 506, 509, 34 of
IPC against the accused persons. The charges made in the FIR and in the case diary
statement of the complainant against the petitioners did not satisfy the essential
ingredients of the offences punishable under Sections 506 and 509 IPC. The threats which
were alleged to be given to the complainant by the petitioners also did not fall within the
definition of criminal intimidation because the complainant nowhere stated that the threats
given by the petitioners caused an alarm to her in any manner. Therefore, it was held that a
mere threat does not amount to criminal intimidation but it should also have an intention to
cause alarm to the person threatened.
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did not return. On 6th January 2010, the prosecutrix complained to the police that she had
been raped by the appellant. She also alleged sexual exploitation on the promise of
marriage by the appellant. Considering the evidence, the Trial Court which was Sessions
Court, Chamba acquitted the appellant of all charges, giving him the benefit of doubt.
However, on the prosecution’s appeal, the High Court of Himachal Pradesh partly allowed
the same. While the HC upheld acquittal by the Trial Court for an offence punishable under
Section 376 IPC, it convicted him under Sections 417 and 506 IPC.
Conclusion
Section 506 IPC is divided into two parts, where part one is a lesser form and part 2 is a
graver form of criminal intimidation and thus punishment is given accordingly. In IPC, the
offence of criminal intimidation is expressly laid out and tries to cover all aspects of criminal
intimidation. Being charged with a crime, whether major or minor, is a matter of
seriousness. A person facing criminal charges under section 506, risks severe penalties and
consequences, such as jail time, even having a criminal record if convicted, and loss of
relationships and future job prospects, among other things. In fact, complaining under
criminal intimidation itself is being used by many in false cases to take vengeance. With
subsequent amendments, it is hoped that Section 506 becomes more inclusive and in
keeping with the technological advances, social media crimes and changes in society in
general.
References
1. Gaur, K. D. Textboook on the Indian Penal Code. Universal Law Publishers, 2011
3. https://megpolice.gov.in/sites/default/files/Criminal_Laws_Meghalaya_Amendment_act_201
4. https://tilakmarg.com/answers/section-506-ipc-whether-bailable-or-non-bailable/
6. https://www.manupatrafast.com/?t=desktop.
7. https://lexforti.com/legal-news/section-506-ipc-criminal-intimidation/
8. https://www.mondaq.com/india/crime/989624/anti-cyber-bullying-laws-in-india–an-
analysis
9. https://www.livelaw.in/news-updates/offence-punishable-us506-ipc-committed-uttar-
pradesh-cognizable-offence-allahabad-high-court-189068
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