BNS Section 351

Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines criminal intimidation as threatening someone to create fear for their safety or that of their loved ones, with the intent to force them to act against their will or stop them from doing something lawful. The threat can be verbal, written, or conveyed through actions.

(1) Whoever threatens by any means, 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.

Illustrations
 

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 treating 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).

Example:
Vijay calls Rakesh and threatens to leak his personal chats which would harm his reputation, unless he withdraws his case against Mahesh. Vijay is guilty of the offence under this Section.

 

Key Points:
Assault:
Assault, as defined under Section 351, involves the act of intentionally causing another person to apprehend the use of criminal force.
The person committing the assault does not need to actually apply physical force; merely creating a reasonable fear or threat of force is sufficient for the charge of assault.

Intent or Knowledge:
For the offense to qualify as assault, the accused must have the intent or knowledge that their actions would make the other person believe that they are about to be subjected to the use of criminal force.
Even if no physical harm is done, the mental apprehension of harm is enough to constitute assault under this section.

Apprehension of Criminal Force:
Criminal force means the use of force without lawful justification, and the apprehension of such force by the victim is central to the offense of assault.
The victim need not be physically harmed; the mere fear of impending physical harm caused by the aggressor’s actions or words is what matters.

No Physical Contact Required:
Unlike battery or other forms of physical violence, assault under Section 351 does not require actual physical contact.
This provision primarily deals with verbal threats, gestures, or actions that make the victim believe they are in immediate danger of being harmed.

Punishment:
The punishment for assault under Section 351 is generally covered under related sections dealing with criminal force. Penalties may vary depending on the severity and context of the assault.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.