What is the procedure for prosecution u/s of IPC 504, 506 ?
17-Jul-2024 (In Criminal Law)
- The legal process/procedure that the complainant will have to follow so that the accused person is punished in a reasonable time, i.e., within six months.
- Is it really worth putting in so much effort, because even a threat to life by causing serious injury given by the accused is not taken very seriously by the police at the time of registering the IPC 506 non-cognizable complaint/offense?
Procedure: (1) Give a written complaint at the police station and insist on an entry (GD/NC); if the complaint discloses a cognizable offence insist on FIR registration (Lalita Kumari v. Govt. of U.P. [https://indiankanoon.org/doc/61439929/]). (2) If police refuse or file an NCR for 504/506, approach the Judicial Magistrate under the procedure to seek an order under Section 156(3) (CrPC) requiring police investigation or to file a private complaint under Section 200; the Supreme Court has held Magistrates may order investigation and even cause FIRs to be registered and must monitor investigation (Mohd. Yousuf v. Afaq Jahan [https://indiankanoon.org/doc/1558396/]; Sakiri Vasu v. State of U.P. [https://sooperkanoon.com/case/678606/sakiri-vasu-vs-state-u-p-ors] and Hemant Yashwant Dhage v. State of Maharashtra [https://indiankanoon.org/doc/163613503/]). (3) Under the new criminal codes the police/magistrate powers remain: see the official Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam downloads at the Ministry of Home Affairs [https://www.mha.gov.in/en/commoncontent/new-criminal-laws] and the BNS/BNSS mappings for intimidation/insult (BNS Sec.351/352 corresponding to IPC 506/504) [https://vakilsearch.com/bns/sections/351] [https://caseguru.in/ipc-to-bns]. Practical worth: file if threats are serious or repeated because a filed complaint plus a magistrate order creates an enforceable paper trail and enables investigation or urgent protection; if the facts are minor and police routinely treat them as non-cognizable, weigh time/cost or seek civil remedies and higher police oversight bodies (State Police Complaints Authority) or a magistrate order to compel action.
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Section 504 IPC deals with intentional insult with intent to provoke breach of peace. If a person intentionally insults someone with the intent (or knowledge) that it may provoke them to break public peace or commit an offense, they can be punished under this section.
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Punishment: Up to 2 years imprisonment, or fine, or both.
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Nature: Bailable, non-cognizable, and triable by any magistrate.
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Section 506 IPC deals with criminal intimidation. It applies when someone threatens another with injury to their person, reputation, or property, with the intent to cause alarm or coerce them into doing or not doing something.
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Punishment:
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Simple threat: Up to 2 years, or fine, or both.
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Threat of death, grievous hurt, or destruction of property: Up to 7 years imprisonment, fine, or both.
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Nature: Bailable or non-bailable depending on the severity, non-cognizable, and triable by magistrate.
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These sections are commonly filed together in complaints involving verbal disputes, domestic altercations, or neighborhood quarrels, where abusive language is followed by threats.
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IPC 504, 506 deal with offenses related to insult intended to provoke a breach of peace and criminal intimidation, both of which are bailable offenses. After the registration of the crime, the accused can seek bail from the court. Thereafter, the police will investigate and file the chargesheet within a reasonable period. Once the chargesheet is filed, the trial will be conducted by the Magistrate Court, and judgment will be passed accordingly. The entire process, however, is unlikely to be completed within six months. Regarding the IPC 506 offense and concerns about your personal security, you can approach the same magistrate handling the case to report any threats received, and appropriate action will be taken.
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