Section 351 BNS (Bare Act)
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 threatening someone with harm to their person with injury to their body, reputation, or property. It also includes threats to harm someone they care about. The intention behind the threat is crucial—it must be to cause fear or force the person to do something they’re not legally required to do or stop them from doing something they’re entitled to do.
For example, if someone threatens to burn your house unless you drop a legal case against them, that’s criminal intimidation. Even threatening to harm a deceased person’s reputation can fall under this section if it affects someone who cares about that person.
Role of Mens Rea in Criminal Liability
In criminal law, mens rea (guilty mind) is as important as the act itself. For Section 351 BNS to apply, the person making the threat must have the intention to cause fear or force action. Without this intent, the act may not qualify as criminal intimidation.
For example, if someone jokingly says, “I’ll burn your house down,” without any real intention to cause harm, it may not be considered criminal intimidation.
Key Elements of Section 351 BNS
To understand Section 351 BNS better, let’s look at its key elements:
1. Threat: There must be a clear threat of harm—physical, emotional, or financial.
2. Intent: The threat must be made with the intention to cause fear or force action.
3. Target: The threat can be directed at the person, their reputation, property, or someone they care about.
4. Result: The threat should either cause alarm or force the person to act (or not act) against their will.
Real-Life Scenarios Where Section 351 BNS is Invoked
1. Workplace Threats: An employee threatens a colleague with physical harm if they report misconduct.
2. Property Disputes: A neighbor threatens to damage your property unless you vacate your house.
3. Online Harassment: Someone sends anonymous messages threatening to leak private photos unless you pay them.
Who Can Claim Justice Under Section 351 BNS?
Any person who has been threatened can file a case under Section 351 BNS. However, certain conditions must be met:
1. The threat must be clear and specific.
2. The threat must cause fear or force action.
3. The threat must be made with malicious intent.
How to File a Case Under Section 351 BNS
If you’re a victim of criminal intimidation, here’s how you can file a case:
1. Complain to the Police: Visit your local police station and file a First Information Report (FIR). Provide all details of the threat, including evidence like messages or witnesses.
2. Approach the Court: If the police don’t take action, you can file a private complaint in the magistrate’s court.
3. Legal Assistance: Hire a lawyer to guide you through the process and represent you in court.
By what Court triable?
Section 351(2) BNS: Any Magistrate.
Section 351(3) BNS: Magistrate of the first class.
Section 351(4) BNS: Magistrate of the first class.
Punishment Under Section 351 BNS
The punishment for criminal intimidation depends on the severity of the threat:
1. General Cases: Up to 2 years of imprisonment, a fine, or both.
2. Serious Threats: If the threat involves death, grievous hurt, property destruction by fire, or imputing unchastity to a woman, the punishment can extend up to 7 years of imprisonment, a fine, or both.
3. Anonymous Threats: If the threat is made anonymously or the threatener hides their identity, an additional 2 years of imprisonment can be added to the punishment provided for the offence under sub-section (1).
Maximum Punishment Under Section 351 BNS
The maximum punishment under Section 351 BNS is 7 years of imprisonment for serious threats, such as those involving death, grievous hurt, or imputing unchastity to a woman.
Is Section 351 BNS Bailable or Non-Bailable?
Section 351(2) BNS: Section 351(2) of the BNS is a bailable offence. This means if someone is accused under this section, they can get bail. So, if you or someone you know is involved, getting bail is possible.
Section 351(3) BNS: Yes, Section 351(3) of the BNS is also bailable. In this case, bail can be granted, and the decision will be based on the details of the case.
Section 351(4) BNS: Section 351(4) of the BNS is bailable too. Like Section 351(3), bail can be granted, and the decision will be based on the details of the case.
Factors Considered by Courts in Granting Bail
When deciding whether to grant bail in a Section 351 BNS case, courts consider:
1. The severity of the threat.
2. The likelihood of the accused repeating the offence.
3. The accused’s criminal history.
4. The impact of the threat on the victim.
Is Section 351 BNS Compoundable?
Section 351(2) BNS: Yes, Section 351(2) of the BNS is compoundable. This means if someone intimidates or threatens you, you (the person who was intimidated) can settle the matter outside of court. You have the power to decide whether to take it forward legally or resolve it peacefully. It’s entirely up to you!
Section 351(3) BNS: Yes, Section 351(3) of the BNS is also compoundable. Just like Section 351(2), the person who was intimidated can choose to settle the case outside of court. If you’re the one who was threatened, you can decide to drop the charges and resolve the issue without going through a lengthy legal process.
Section 351(4) BNS: No, According to the Section 359 of The Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 351(4) of the BNS is not compoundable. This means you can’t settle the matter outside of court, even if you want to. The case will have to go through the legal process, and the court will decide the outcome. So, if this section applies, be prepared for a formal legal procedure.
Is Section 351 BNS a Cognizable Offence?
Section 351(2) BNS: No, Section 351(2) of the BNS is a non-cognizable offence. This means the police can’t arrest someone without a warrant. If a complaint is filed under this section, the police will need permission from the court to take any action. It gives you some time to handle the situation legally without immediate police involvement.
Section 351(3) BNS: Similar to Section 351(2), Section 351(3) of the BNS is also a non-cognizable offence. The police can’t make an arrest without a court’s warrant. So, if someone files a complaint under this section, the process will start only after the court’s approval.
Section 351(4) BNS: Just like the other parts, Section 351(4) of the BNS is a non-cognizable offence. This means the police need a warrant to arrest someone accused under this section. No immediate arrests can be made, and the case will proceed only after the court’s approval.
Case Laws Related to Section 351 BNS
Several landmark cases have shaped the interpretation of Section 351 BNS:
1. Romesh Chandra Arora v. State (1959): The court held that even a veiled threat can constitute criminal intimidation if it causes fear.
2. State of Maharashtra v. Suresh (2000): The court ruled that anonymous threats are treated more severely due to the added psychological trauma.
3. State of Rajasthan v. Kashi Ram (2006): In this case, the Supreme Court ruled that even a subtle threat, which is not immediately carried out but causes fear, can be considered criminal intimidation.
4. K. Satyanarayana v. The State of Andhra Pradesh (2016): The court held that the threat of harm to a person’s reputation or property is as serious as the actual physical harm itself, and thus should be treated seriously under criminal law
Pros and Cons of Section 351 BNS
Pros:
1. Provides legal protection against threats.
2. Covers a wide range of threats, including online and anonymous ones.
3. Severe punishments deter potential offenders.
Cons:
1. Proving intent can be challenging.
2. Victims may face social stigma or retaliation.
3. Legal proceedings can be time-consuming and expensive.
4. Sometimes, Section 351 can be misused by individuals to make false claims of intimidation.
Frequently Asked Questions (FAQ)
1. What is criminal intimidation?
Criminal intimidation is threatening someone with harm to their person, reputation, or property to cause fear or force action.
2. Can I file a case for online threats?
Yes, online threats fall under Section 351 BNS, especially if they’re anonymous.
3. What’s the punishment for criminal intimidation?
It 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 like messages, witnesses, and the context of the threat can help prove the case.
5. Can I get bail in a Section 351 BNS case?
Yes, but it depends on factors like the severity of the threat and the accused’s criminal history.