SECTION 506 IPC - Indian Penal Code - Punishment for criminal intimidation

Learn about IPC Section 506, which deals with criminal intimidation. Gain expert insights on LawRato for navigating legal complexities and find experienced lawyers for your case.

The IPC Section 506 states- 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;

If threat be to cause death or grievous hurt, etc — and if the threat be 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, of 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.

IPC 506 in Simple Words

Section 506 IPC primarily deals with the offence of criminal intimidation. It states that any individual who threatens another with injury to their person, property, or reputation with the intent to cause alarm or deter them from some course of action can be charged with criminal intimidation. The punishment for this offence includes imprisonment for up to two years, a fine, or both. However, if the threat involves more serious consequences such as causing grievous harm, destruction of property by fire, or imputing unchastity to a woman, the punishment can extend to seven years of imprisonment, a fine, or both. This section serves to safeguard individuals from intimidation tactics and ensures legal consequences for those who engage in such behaviour.

Recently, in the case of Mohammad Wajid vs State of UP, in 2023, the Hon'ble Supreme Court clarified that in order to establish an offence of criminal intimidation under Section 506 of the Indian Penal Code, 1860, it is necessary to demonstrate that the accused harboured an intention to cause alarm to the complainant.

Continue reading to understand what constitutes criminal intimidation and ask a free question for any legal query related to IPC 506 to obtain answers from top-rated lawyers in the field.

Cited by

• Ruchi Agarwal vs Amit Kumar Agrawal and Ors

• K. M. Nanavati vs State Of Maharashtra

• State Of Orissa vs Debendra Nath Padhi

• State Of Maharashtra And Another vs Madhukar Narayan Mardikar

From court trial and bail to appeal procedure, understand the legal wordings stated under IPC Section 506 including IPC 503 and get a peek into IPC 507. Visit LawRato to experience a hassle-free legal journey for your IPC 506 legal case.

Section 506, Indian Penal Code (“IPC”) prescribes punishment for the offence of ‘criminal intimidation’. The offence of criminal intimidation is defined under Section 503, IPC.

In order to understand Section 506, IPC it is important that we first look at Section 503, IPC.

Section 503: Criminal intimidation

Whoever threatens another 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.

Section 506: Punishment for criminal intimidation

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;

If threat be to cause death or grievous hurt, etc.— and if the threat be 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.

The crux of Section 506, IPC lies in our understanding of what constitutes ‘criminal intimidation’ under Section 503, IPC.

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WHAT IS ‘CRIMINAL INTIMIDATION’ UNDER SECTION 503, IPC?

The offence of ‘criminal intimidation’ is defined under Section 503, IPC.

Criminal intimidation is closely analogous to extortion. In extortion, the immediate purpose is obtaining money or money’s worth; in criminal intimidation, the immediate purpose is to induce the person threatened to do, or to abstain from doing, something which he was not legally bound to do or to omit.

The essential ingredients that go into the making of an offence under Section 503, IPC are:

1. That the accused must have threatened a person with any injury:

• To his person, reputation or property, or

• To the person, or reputation of anyone in whom that person is interested;

2. That such threat must be with an intent:

• To cause alarm to that person, or,

• To cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat, or

• To cause that person to omit to do any act which he is legally entitled to do as the means of avoiding the execution of such threat.
  

So as to understand Section 503, IPC better, let us imagine the following –

• 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 under IPC 503 and thereby shall be liable for punishment under IPC 506.

• A, an ex-boyfriend of B, for the purpose of inducing B to not move on and marry a man of her choice, threatens to post their (A & B’s) old, intimate pictures on the internet. Here, B is intimidated/ threatened by A as such an act would injure her reputation. A is guilty of criminal intimidation.
  

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Threat

The communication or utterance of a threat must be done with the intention of influencing the mind of the person threatened. For instance, a statement expressing an intention to sue someone without any intention of communicating it to the person threatened does not amount to criminal intimidation. However, if the threat involves false allegations intended to ruin someone's reputation, it constitutes criminal intimidation.
Similarly, coercing a shopkeeper into agreeing not to sell imported foreign cloth for a year under threat of picketing their shop amounts to criminal intimidation.
Furthermore, the Supreme Court has ruled that calling for a "bandh" (closure of shops and establishments) can be deemed criminal intimidation if it is accompanied by a threat of harm to a person or property. This ruling establishes that calling for a bandh or hartal could lead to legal consequences under sections 503 and 506 of the Indian Penal Code if threats of harm are involved.

WHAT IS ‘PUNISHMENT FOR CRIMINAL INTIMIDATION’ UNDER SECTION 506?

Section 506, IPC is the penal provision for the offence of ‘criminal intimidation’ that has been defined under Section 503, IPC.

The punishment under this section falls under the following three categories, viz.:–

1. In a simple case of criminal intimidation – 2 years, fine, or both.

2. If the threat be to cause an offence punishable with death, or imprisonment for life, or imprisonment for a term up to 7 years – 7 years, or fine, or both.

3. If the threat be to cause the death of the threatened person, or grievous hurt, or destruction of any property by fire – 7 years, or fine, or both.

You can read more about IPC 503 at LawRato’s IPC guide and discover free legal advice to obtain instant legal guidance for your IPC 506 case.

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ARE THERE OTHER VERSIONS OF THE OFFENCE OF CRIMINAL INTIMIDATION?

There is a penal provision in the IPC which comprise the aggravated version of the simple offence of ‘criminal intimidation’ under Section 503, IPC i.e., this is an offensive, penal situation which borrows its fundamental criminality from Section 503, IPC and builds upon its intensity.

In other words, the base, essential crime is that of ‘criminal intimidation’ (under Section 503, IPC) which is made further worse by the attendant circumstances that are captured under its aggravated version, which is:

507, IPC – Criminal intimidation by an anonymous communication

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 by the last preceding section. Learn more about IPC 507 by clicking here.

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WHAT IS THE PROCEDURE FOR TRIAL UNDER SECTION 506, IPC?

In India, the mechanism for criminal justice delivery assumes shape of a criminal trial which is governed by the Code of Criminal Procedure, 1973 (‘CrPC’).

The trial under Section 506, IPC takes a journey similar to the trials conducted for other criminal offences. Broadly, the procedure for a trial takes the steps - as have been enumerated below, beginning from the filing of an FIR to the final verdict by the court:

1. Investigation - FIR, Arrest, Remand and Bail

i. First Information Report (FIR) - Criminal procedure is set into motion with the filing of an FIR or First Information Report by the victim or an aggrieved person. This marks the beginning of investigation by police into the case.

ii. Arrest - FIR is soon followed by the arrest of the accused person (person who has allegedly committed the offence) by the police and his subsequent production before the Magistrate. Such production must be made within 24 hours of the arrest of the accused person.

iii. Remand/ Custody - At the time of such production if the investigating officer believes that the investigation cannot be completed within 24 hours i.e., the police need more time with the accused for the purpose of interrogation etc., the officer will file an application before the same Magistrate seeking an extension in custody of the accused. Now, depending on the discretion of the Magistrate, such detention may be authorised in police custody (lock-up) or in judicial custody (jail).

However, it is to be noted that a Magistrate cannot authorise detention of an accused in police custody for a period exceeding the initial 15 days (from the date of the production of the accused before the Magistrate).

On the other hand, a Magistrate under Section 167 (2)(a), CrPC may authorize the detention of the accused in judicial custody beyond the period of initial fifteen days, if he is satisfied that adequate grounds exist for doing so. However, no magistrate shall authorize custody for more than -

• Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term not less than ten years;

• Sixty days, where the investigation relates to any other offence.

iv. Bail - If upon the expiry of 60 or 90 days, as the case may be, the police is unable to complete the investigation and file a chargesheet (as corresponds to the offence) with the Magistrate, the accused is entitled to default bail i.e., such bail is compulsorily granted to the accused provided he applies for and furnishes bail.

However, during the 60- or 90-day period, as the case may be, while the accused is still under custody of the police or otherwise, he may keep pushing for the grant of regular bail under Section 437 or 439, CrPC by the Magistrate or the High Court/Court of Sessions, respectively.

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2. Filing of Final Report by the Police

The police after completing the investigation have to file a final report under Section 173, CrPC. This marks the conclusion of the investigation which is aimed at collecting evidence surrounding the commission of the offence.

The final report may take one of the following forms:

i. Closure Report

ii. Charge Sheet

Closure Report

If the evidence collected against the accused is found to be deficit i.e., there is not enough evidence to support prosecution of the accused before a Court of law justifying his further detention in the custody, then the police will file a closure report under Section 169, CrPC and release the accused on his executing a bond/ signing an undertaking for his appearance, if and when so required, before a Magistrate.

In other words, a closure report is filed when the police have little or no evidence in support of the fact that the offence has been committed by the concerned accused.

The police officer is bound to notify the informant (who gets an FIR lodged) the fact that a final report relating to his case has been submitted to the Magistrate.

Upon presentation of the closure report to the Magistrate, he is open to proceed with any of the following four options:

1) He may accept the closure report and refuse to take cognizance of the offence. Result, the case doesn’t proceed further.

2) He may reject the closure report and instead take cognizance of the offence under Section 190, CrPC.

Result, the case proceeds to the next stage.

3) Without rejecting the closure report he may direct the investigating agency to conduct further investigation into the matter, if he thinks that there is some gap that needs filling-up.

4) If an informant challenges such closure report by filing a protest petition, the Magistrate shall proceed to adjudicate upon the same following which he may take or refuse to take cognizance of the offence.

If the Magistrate takes cognizance of the offence under Section 190, CrPC he would issue summons to the accused, under Section 204, CrPC thereby directing his appearance before himself.

Charge Sheet

If the evidence collected against the accused is found to be sufficient i.e., there is enough evidence to support prosecution of the accused before a Court of law and that justifies his continued detention in the custody, then the police will file a charge sheet under Section 173, CrPC and will forward the accused under custody to the Magistrate under Section 170, CrPC.

A charge sheet is a formal police record which is drawn out in a format prescribed by the State, stipulating the various particulars relating to the case, like names of the parties involved; nature of the accusations levelled; list of witnesses, statements of witnesses recorded during their examination under Section 161, CrPC; whether any offence appears to have been committed and, if so, by whom; whether the accused has been arrested and
whether he has been forwarded in custody under Section 170, CrPC or whether he has been released on his bond; list of objects seized and other documentary evidences that the prosecution seeks to rely on.

Once the Magistrate takes cognizance on the charge sheet, he shall issue summons or warrant (depending on the nature of the offence committed) to the accused thereby securing his attendance before himself on a given date.

The Magistrate on the date fixed will conduct a hearing on charges and may consequently either discharge the accused and close the case or he may frame the charges against the accused and post the case for trial.

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3. Plea of Guilty or Not Guilty by the Accused

After the charges have been formally framed, they will be read over and explained to the accused by the Magistrate. Thereafter, the accused would be asked whether he pleads guilty to such charge or not.

If the accused pleads guilty, the Magistrate shall record such plea and may convict him thereupon. However, it is to be noted that the responsibility lies with the Magistrate to ensure that the plea of guilt is made voluntarily by the accused and that is why he reserves the discretion to convict the accused on such plea.

If the accused does not plead guilty i.e., if he claims trial, the Magistrate shall post the case for trial.

4. Evidence for Prosecution

On the day fixed for the prosecution evidence, the Court invites the prosecution to lead the evidence and prove the guilt of the accused beyond reasonable doubt. The prosecution may establish the guilt with the help of oral or documentary evidence.

The prosecution witnesses are summoned and examined or are asked to produce any document or thing in support of their version of events.

These witnesses may be subject to cross-examination if the defence counsel so desires.

5. Statement of the Accused

After the prosecution concludes its evidence, the same is put to the accused i.e., he is given an opportunity to explain the circumstances appearing in evidence against him and to say in his defence what he wants to, in his own words. This mandate is captured under Section 313, CrPC. The purpose of such statement is to establish a direct dialogue between the Court and the accused so as to enable him to give his explanation.

This statement is not taken on oath and anything recorded as part of it can be used against the accused at a later stage.

6. Evidence for Defence

After recording the statement of the accused, the Court invites the defence to present evidence, if any. However, the accused is not required to mandatorily enter upon his defence as the burden of proof lies on the prosecution to prove the charge against the accused beyond reasonable doubt.

If the accused has any evidence (oral or documentary) it is presented before the Court at this stage. This is an opportunity for him to punch holes in the prosecution story for which it can call upon and examine witnesses.

7. Final Arguments

As per Section 314, CrPC, after the close of the evidence both parties take turns - first, the prosecution and then the defence - to make final oral arguments in front of the judge. Final arguments are presented by the Public Prosecutor and the Defence counsel.

8. Judgment

After studying the facts and circumstances of the case, analysing the evidence produced by both the parties in support of their versions and hearing the arguments advanced by each of them, the judge decides, based on strong reasons, whether to convict or acquit the accused. This is known as the judgment.

If the accused is pronounced ‘guilty’ upon trial, he is convicted of the charge and if pronounced ‘not-guilty’, he is acquitted of the charge in the judgement.

If the accused is convicted, then both sides are heard on quantum of sentence i.e., what punishment should he be given. This is usually done if the punishment prescribed is that of life imprisonment or death.

After hearing the arguments on the sentence, the court finally decides what punishment should the accused be sentenced to. Various theories of punishment are considered like the reformative theory and the deterrent theory of punishment etc. Also, considerations like age, background, and history of the accused are given due thought before arriving at a decision on the punishment.

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WHAT IS THE PROCEDURE FOR APPEAL UNDER SECTION 506, IPC?

The fundamental principles of appeal under CrPC are as follows:

• An appeal is a creature of statute.

• No inherent right to file an appeal.

• No appeal only against conviction.

• No appeal in petty cases.

• Generally, there is no appeal on conviction on a plea of guilt.

It needs to be pointed out that except for the statutory provisions laid down under the CrPC or any other law for the time being in force, an appeal cannot lie from any judgment or an order of a criminal court. Thus, there is no vested right to appeal as such as even the first appeal will be subjected to statutory limitations. The justification behind this principle is that the courts which try a case are competent enough with the presumption that the trial has been conducted fairly. However, as per the Section 372, CrPC the victim has a right to appeal against any order passed by the Court under special circumstances comprising of a judgment of acquittal, conviction for lesser offence or inadequate compensation.

Generally, same sets of rules and procedures are employed to govern the appeals in the Sessions Courts and High Courts (highest court of appeal in a state and enjoys more powers in matters where appeal is permissible). The highest court of appeal in the country is the Supreme Court and hence, it enjoys the most extensive discretionary and plenary powers in the cases of appeals. Its powers are largely governed by the provisions laid down in CrPC, Indian Constitution, and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970.

The law provides a person who has been convicted of a crime to appeal to the Supreme Court or the High Court or the Sessions Court as per the circumstances.

The accused has been given the right to appeal to the Supreme Court against the judgment of the High Court if the High Court has reversed an order of his acquittal on appeal by convicting him, thereby, sentencing him to imprisonment for life or for ten years or more, or to death.

A similar right to appeal has been granted to one or all accused persons if more than one person has been convicted in a trial and such order has been passed by the court.

However, there are certain circumstances under which no appeal shall lie. These provisions have been laid down under Section 265G, Section 375 and Section 376 of the CrPC.

Serious legal cases like IPC Section 503 and IPC Section 506 call for expert legal assistance which is beneficial for the victims and wrongly accused under these respective sections. At LawRato, you can explore and choose the best criminal lawyers near you who are proven aces at successfully directing their clients through intricate IPC 506 framework. Your selected lawyer guides you through court trials and the appeal process by clearly understanding the facts and circumstances of your IPC 506 matter.

CAN A POLICE-OFFICER MAKE AN ARREST UNDER SECTION 506, IPC WITHOUT WARRANT?

No, since the offence of ‘criminal intimidation’ under Section 506, IPC is a non-cognizable offence, a police officer cannot arrest a person suspected to have committed such offence without warrant from the Court having authority over the area where such offence has been committed (a warrant is a Court-order authorising a police officer to carry out an arrest).

IS THE OFFENCE UNDER SECTION 506, IPC, BAILABLE?

Yes, the offence under Section 506, IPC is bailable.

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HOW TO GET BAIL IF CHARGED UNDER SECTION 506, IPC?

Since the offence under Section 506, IPC is a bailable one, an accused arrested in the alleged commission of the same can apply for bail before the Investigating Officer, or if he is forwarded to the Court of Magistrate, before such Magistrate. Bail in a bailable offence can be granted by both the Court or the Investigating Officer.

In a bailable case, an accused is entitled to bail as a matter of right; it is not a favour bestowed on him by the authorities.

In such offences, the Officer or the Court does not reserve any discretion in the grant of bail. Bail can be claimed as of right and there is a statutory duty imposed upon the Police Officer as well as the Court to release a person on bail if he is prepared to give bail.

Hon’ble Supreme Court has held in a case that as soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to release him on such terms as to bail as may appear to the officer or the court to be reasonable. It would even be open to the officer or the court to discharge such person on his executing a bail-bond as provided in Section 436, CrPC instead of taking bail from him. Though bail, in bailable offences, is a matter of right, the accused can be remanded to custody for breach of the conditions of bail/bail bond.

Bail-Bond is a document of promise signed by the accused whereby an accused is set at large on the condition that he will not flee the authorities, will cooperate in investigation, will not threaten witnesses or tamper with the evidence.

Bail is a document whereunder an accused and/or his surety is required to deposit security in the form of either cash or property papers (RC of a vehicle etc.,) with the court/police with the view to ensure accused’s compliance with the conditions of the bond. In the event of its non-compliance the security amount will be forfeited. (Surety is the person who gives guarantee for the compliance of the bail conditions by the accused and that he will present himself before the court/police as & when required).

It is beneficial to take assistance from an experienced criminal lawyer in matters of bail under IPC 503 and IPC 506. If you are puzzled about your IPC 506 case, you can first ask a free question by visiting LawRato to know the next step to take in your legal situation. You can also talk to a lawyer by filling in your details using LawRato. We at LawRato assure you that connect with the best-matched lawyer for your IPC 506 case within minutes.

IS THE OFFENCE UNDER SECTION 506, IPC, COMPOUNDABLE?

As per Section 320, CrPC the offence under Section 506, IPC is compoundable i.e., law allows for a compromise to be recorded between the victim (the person intimidated) and the offender.

TESTIMONIALS

1. "One night a thief entered our house and started robbing things and also threatened to kill me and my wife when we caught him stealing. Thankfully we called the police on time and as soon as they arrived, the thief was charged with robbery and criminal intimidation case. The accused in the case got bail but he was finally held guilty by the Court for charges of criminal intimidation and robbery. It is only after consulting a lawyer that we could understand the intricate details and other several technicalities that were involved in the case and could thus make a firm case for ourselves in the Court.”

- Mr. Dheeraj Bhardwaj

2. “It was alleged that the accused i.e. my cousin touched the hand of the prosecutrix, a blind girl, when she was asleep and further proceeded to remove her quilt and insert his hand inside her dress. He threatened to kill her if she disclosed his identity to anyone. The girl’s family filed a complaint against my cousin and the Court held this to be a case of criminal intimidation under Part II of the Section, apart from other offences.”

- Ms. Sharmila Mudgal

3."Our neighbour had built a boundary wall over his roof. When we protested his act as he had done so by damaging our part of the property, he abused us with filthy language and also threatened to get us beaten and killed by his hooligan/gunda friends. We immediately consulted a lawyer and went to court. The Court held that the threat to beat us up and get us killed was a clear case of criminal intimidation, however, the abuses would not amount to an offence under Section 506 of the Indian Penal code."

- Mr. Dharmendra

4. "My husband and I had an intercaste marriage after running away from home as our families did not want us to get married. After a year I received letters from my father and my brother saying that they will come to separate us, they will burn our house and kill the husband as they were still angry about me eloping. We were scared and approached a lawyer who helped us file a case against the family members threatening to harm us and our property. The case is still going on but we are happy that we did so as we were saved from being another story about honour killings. We found our lawyer on LawRato.com and has been fighting for us diligently."

- Mrs. Tanu Pratap Singh

5. "My friends and I decided to file a case against a clothes shop where the shopkeeper took some photos of my friend while she was changing and trying out new clothes. When we caught the shopkeeper doing so, he threatened that he would leak my friend’s pictures and also threatened to hurt our family members after finding where we lived if we approached the police. We approached the police at the first instance and even found a lawyer to help us and guide us through the criminal procedure. The shopkeeper was charged was voyeurism and along with that criminal intimidation as well. The matter is still going on; however, we have collected enough witnesses and evidence to prove our case with the help of our lawyer."

- Ms. Tripti Seth

6. "My business partner called me and said if I don’t transfer my shares in the Company in his name, he will burn down the office and ensure that I am jailed for some white-collar crimes. I did not listen to him after this call and within a few months he falsely accused me of threatening him to burn the office and hurt him if he did not transfer the company shares in my name. He twisted all facts and accused me falsely. Thankfully the Magistrate gave me bail and I am out of the jail at the moment and preparing my case and finding evidence to prove that he is the one who threatened me and not the other way round. I am hoping for the best and I have faith in my lawyer. "

- Mr. Keshav Bhattacharya

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Important Judgements for Criminal Intimidation

1. Vikram Johar vs State of Uttar Pradesh (2019)

Criminal Appeal No. 759 of 2019 (arising out of SLP(Cr.) 4820/2017)

It was observed by the Supreme Court that the mere act of abusing a person in a filthy language does not satisfy the essential ingredients of the offence of criminal intimidation. The complaint was that the accused came with a revolver to the complainant’s house and abused him in a filthy language. They also attempted to assault him but when the neighbours arrived, they fled from the spot. The Bench held that the above allegations prima facie do not constitute the offence of criminal intimidation.

2. Shri Paqdma Mohan Jamatia vs Smt. Jharna Das Baidya (2019)

Cr. Rev. Pet. 87/2017

The Tripura High Court observed that the mere use of abusive words/ filthy language and body posture during the speech of a political leader is not included within the ambit of the provisions of criminal intimidation under the IPC.

3. Manik Taneja vs. State of Karnataka (2015)

Criminal Appeal No. 141 of 2015 (arising out of SLP(Cr.) 6449/2014)

It was held by the Supreme Court that posting comments about ill-treatment by the police personnel on Facebook Page may not amount to criminal intimidation. In this case, the appellant was involved in a road accident, wherein she clashed with an auto-rickshaw. The passenger of the auto sustained injuries and was subsequently admitted in a hospital. The appellant duly paid all the expenses of the injured and no FIR was lodged.

However, she was called to the police station and was allegedly threatened by the police officers. Aggrieved with the way that she was treated, she posted comments on the Facebook page of Bangalore Traffic Police, accusing the police officer of harsh behaviour and the harassment meted out to her. The Police Inspector filed a case against the appellants for this act and an FIR was registered under Section 353 and 506 of the IPC. The Bench held that there was no intention on the appellant’s part to cause alarm under Section 503 of the IPC.

4. Amitabh Adhar vs. NCT of Delhi (2000)

2000 CriLJ 47772, 85 (2000) DLT 415, II (2000) DMC 55, 2000 (56) DRJ 220

It was held that a mere threat does not amount to criminal intimidation. There must be an intention to cause alarm to the person threatened.

5. Shri Vasant Waman Pradhan vs. Dattatraya Vithal Salvi (2004)

2004 (1) MhLj 487

It was held that intention is the soul of criminal intimidation. It needs to be gathered by the surrounding circumstances.

6. Romesh Chandra Arora vs State (1960)

AIR 1960 SC 154, 1960 CriLJ 177, 1960 1 SCR 924

The scope of Section 503 was expanded in this particular matter. In this case, the accused-appellant was charged with criminal intimidation. The accused threatened a person X and his daughter, of injury to reputation by releasing a nude picture of the girl unless money was paid to him. The intent was to cause alarm to them. The Court stated that the aim of the accused was to cause alarm to get the money and to ensure that he did not go ahead with the threat of releasing the damaging photographs on a public platform.

7. Amulya Kumar Bahera vs. Nabhagana Bahera Alias Nabina (1995)

1995 CriLJ 3559, 1995 II OLR 97

The meaning of the term “alarm” was examined in this case by the Orissa High Court. It was held by the Court that the mere expression of any word without any intention to cause alarm was not sufficient to be brought under the ambit of Section 506. The Court also observed that this provision is relatively new, and originally terms like ‘terror’ or ‘distress’ had been proposed instead of ‘alarm.’

The complainant, in this case, argued that he was abused in a filthy language by the accused and if the witnesses had not intervened, he would have suffered more injuries apart from a fist blow from the accused. The complainant admitted that he was not alarmed by the threat given by the accused. Hence, the Court held that since an essential ingredient of the offence was missing, no case could be established.

8. Re A.K. Gopalan vs. State of Madras (1950)

1950 AIR 27, 1950 SCR 88

The Court held that if a speaker at a public meeting threatened police officers stationed at Malabar, with injury to their person, property or reputation – then he was liable for committing the offence of criminal intimidation.

THE VERY RECENT LNDMARK COURT JUDGEMENTS OF IPC 506

9. Exception to Non-Cognizable Offence Under IPC 506

In the recent court judgement, it was decided that the offence committed under IPC Section 506 shall be considered a cognizable offence if it is committed in the state of Uttar Pradesh. Therefore, an offence under IPC 506 committed in any other Indian state except for Uttar Pradesh comes under a non-cognizable offence.

10. Shrikrushna S/o Babulaji Tawari v. the State of Maharashtra, Criminal (2020)

In this case, the court stated that whether the offence shall be charged as a threat under IPC 506 depends on the facts of the case, the nature of the threat, and whether the victim was alarmed as a result of such threat. The court judgement stated that these criteria are open for speculation which can indicate the possibility of landmark judgement beyond the bare act.

WHY DO YOU NEED A LAWYER FOR A CASE UNDER SECTION 506, IPC?

Facing criminal charges, regardless of their severity, is a serious situation with potential consequences such as imprisonment, hefty fines, and social stigma from a criminal record. It's crucial to seek legal advice from a qualified criminal lawyer who can protect your rights and work towards the best possible outcome for your case. A criminal lawyer can assist in understanding the charges, your rights pre and post-arrest, available defences, potential plea bargains, and post-trial expectations. To effectively brief your lawyer, prepare a timeline of events and ensure you understand the legal procedures and laws relevant to your case. Researching the risks involved and collaborating with your lawyer can strengthen your defence strategy. Therefore, having a skilled criminal lawyer by your side is invaluable when facing charges, including those under section 506 of the IPC.

An experienced lawyer empowers you to understand the legal intricacies and improves positive legal outcomes. At LawRato you can access the extensive network of 10,000 plus best lawyers and experienced attorneys practicing across 3,000 courts and 700 Indian cities. You can find and instantly hire top-rated criminal advocates for your IPC 506 matter with LawRato’s assurance of a transparent and secure structure that can cut down your legal costs by 30%. For essential legal aid, check your eligibility at NALSA; LawRato.