What Is BNS Section 351?

Bharatiya Nyaya Sanhita, 2023 - Section 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).

Brief Detail

BNS Section 351 defines the offence of criminal intimidation, which involves threatening someone with injury to compel them to act against their will.

Question & Answers

Q1: What constitutes criminal intimidation?

A1: Criminal intimidation occurs when someone threatens another person with injury to their body, reputation, or property to induce fear or compel them to act or refrain from acting in a particular way.

Q2: What are the punishments for criminal intimidation?

A2: The punishment can include imprisonment for up to two years or a fine for general cases, while more severe threats (such as threats to life) can lead to imprisonment for up to seven years.

Q3: Does criminal intimidation include threats to deceased persons?

A3: Yes, threatening to injure the reputation of a deceased person in whom the threatened individual has an interest is included in the definition of criminal intimidation.

Q4: What if the threat is made anonymously?

A4: If the intimidation occurs through anonymous communication, the offender may face imprisonment for up to two years, in addition to other penalties applicable under subsection (1).

Example

If person A threatens to destroy person B's car unless B withdraws a legal complaint, A has committed criminal intimidation.

Summary

Section 351 of the Bharatiya Nyaya Sanhita addresses the offence of criminal intimidation, outlining the various types of threats and their corresponding punishments, emphasizing the seriousness of threats to personal safety and property.