BNS Section 351 – Bharatiya Nyaya Sanhita
BNS Section 351 – Bharatiya Nyaya Sanhita
Criminal Intimidation
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Criminal Intimidation
Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines criminal intimidation as threatening a person with injury to their body, reputation, or property, or to someone in whom they are interested, with the intention of causing alarm or forcing them to act against their legal rights.
The threat may be made verbally, in writing, through gestures, electronic communication, or any other means.
Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines criminal intimidation as threatening a person with injury to their body, reputation, or property, or to someone in whom they are interested, with the intention of causing alarm or forcing them to act against their legal rights.
The threat may be made verbally, in writing, through gestures, electronic communication, or any other means.
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Legal Definition
A person commits criminal intimidation when they:
- Threaten another with injury to:
- Person (physical harm)
- Reputation
- Property
- Person or reputation of someone they care about
- With intent to:
- Cause alarm, OR
- Compel them to do something they are not legally bound to do, OR
- Prevent them from doing something they are legally entitled to do
The offence is complete even if no actual harm occurs. The intention to create fear is sufficient.
Explanation
A threat to harm the reputation of a deceased person in whom the victim is interested also amounts to criminal intimidation under this section.
Illustration
If A threatens to burn B’s house to stop B from filing a civil case, A is guilty of criminal intimidation.
Example:
Vijay calls Rakesh and threatens to leak his private chats to damage his reputation unless he withdraws a case. Vijay commits criminal intimidation under Section 351.
Punishment Under Section 351
(1) Simple Criminal Intimidation
Punishment:
- Imprisonment up to 2 years, OR
- Fine, OR
- Both
(2) Aggravated Criminal Intimidation
If the threat involves:
- Death
- Grievous hurt
- Destruction of property by fire
- Offence punishable with death or life imprisonment
- Imputing unchastity to a woman
Punishment:
- Imprisonment up to 7 years, OR
- Fine, OR
- Both
(3) Anonymous Criminal Intimidation
If the threat is made:
- Through anonymous communication, OR
- After concealing identity or location
Punishment:
- Imprisonment up to 2 years
- In addition to punishment under Section 351(1)
Nature of the Offence
Simple Criminal Intimidation
- Cognizable / Non-cognizable: Generally Non-cognizable
- Bailable: Yes
- Triable by: Any Magistrate
Aggravated Criminal Intimidation
- Cognizable / Non-cognizable: Generally Non-cognizable
- Bailable: Yes
- Triable by: Magistrate of the First Class
Anonymous Criminal Intimidation
- Cognizable / Non-cognizable: Non-cognizable
- Bailable: Yes
- Triable by: Magistrate of the First Class
Important Legal Elements
To establish criminal intimidation, prosecution must prove:
- A clear threat was made
- The threat related to injury (body, property, reputation)
- There was intention to cause alarm
- The victim experienced fear or coercion
Difference Between Criminal Intimidation and Assault
Criminal intimidation under Section 351 relates to threats causing alarm or coercion.
Assault, on the other hand, involves creating apprehension of immediate criminal force.
Assault does not require physical contact, but it involves fear of immediate use of force.
Both offences protect individuals from unlawful threats and fear-based coercion.
Key Points
- Physical harm is not necessary
- Verbal threats alone can be punishable
- Digital threats (calls, WhatsApp, emails) are included
- Intention to cause fear is essential
- Anonymous threats attract additional punishment
