Bailabel Type : bailable

Description

Description:
Section 351 of the Indian Penal Code defines "criminal intimidation" as a criminal offense. This occurs when a person threatens another, either directly or indirectly, with injury to their person, reputation, or property, or the person or reputation of someone they care about. The primary purpose of this threat is to cause alarm or to compel the person to take some action (or refrain from taking action) which they are not legally bound to do.

Key Elements of Section 351:

1. Threat of Injury: A person threatens harm to someone’s person, property, or reputation, or to the reputation of a person the victim cares about.
2. Intent to Cause Alarm: The threat is meant to cause alarm to the victim or force them to act in a way that they aren't legally required to, or to prevent them from doing something they are entitled to do.
3. Scope of Threat: The threat can involve harm to reputation, property, or personal injury.
4. Explanation: If the threat involves harming the reputation of a deceased person in whom the victim is interested, it still constitutes criminal intimidation.

Illustration:

• Example: A person (A) threatens to burn down another person’s (B) house, hoping to dissuade B from filing a civil lawsuit. Here, A is guilty of criminal intimidation.

Punishment

Punishment:

1. For general criminal intimidation:
   If a person threatens another with injury to their person, reputation, or property, they can be punished with:

   • Imprisonment: Up to two years, or
   • Fine, or
   • Both.

2. For criminal intimidation with serious threats:
   If the threat is related to any of the following, the punishment is more severe:

   • Threatening death or grievous hurt,
   • Threatening to destroy property by fire,
   • Threatening to commit an offense punishable with death or life imprisonment,
   • Threatening to impute unchastity to a woman.

   In these cases, the punishment includes:

   • Imprisonment: Up to seven years, or
   • Fine, or
   • Both.

3. For criminal intimidation through anonymous communication: If the person makes a threat anonymously or conceals their identity, they will face:

   • Imprisonment: Up to two years, in addition to the punishment provided under sub-section (1).