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



IPC Section-506

Description of IPC Section 506

According to section 506 of Indian penal code, 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.

Offence : Criminal intimidation


Punishment : 2 Years or Fine or Both


Cognizance : Non-Cognizable


Bail : Bailable


Triable : Any Magistrate



Offence : If threat be to cause death or grievous hurt, Etc.


Punishment : 7 Years or Fine or Both


Cognizance : Non-Cognizable


Bail : Bailable


Triable : Magistrate First Class





Criminal Intimidation has been defined in Section 506 of the Indian Penal Code, 1960. The main requirement of the offence is threatening of the victim by the offender. When a person is induced by threat to perform any act or abstain from any act which he is not legally bound to do or omit, it is termed as criminal intimidation. However, for it to be termed as an offence, the offender shall have had the intention to harm either the victim himself/herself, or any other person. The intention is an important aspect and it should exist in the offender’s mind even if he can not execute it. If the offender had absolutely no intention to cause such harm, it would not be an offence of criminal intimidation under the IPC. Offences such as criminal intimidation do not directly affect anybody physically (like in case of murder or rape), but they are punishable under criminal law in India. 

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Essential Ingredients of Criminal Intimidation:  

Criminal Intimidation has been described under Section 503 of the Indian Penal Code. In order to constitute a crime of criminal intimidation, certain essential ingredients are required to be fulfilled.

When an individual is threatened or induced to cause injury (by the offender who had the intention):

  1. To his reputation or property, or 

  2. To any individual/person related to him 

The threat must be made with intention to:

  1. Cause alarm to that individual, or

  2. Cause that person to do an act that he/she is not legally bound to do under threat that harm will be caused if he/she does not do that act, or

  3. Cause that person to omit an act that he is legally bound to do under threat that harm will be caused if he/she does that act. 

The ingredients mentioned above are necessary for the offence of criminal intimidation to be completed. For example, a person takes pictures (which could be termed as obscene) of a woman and then threatens such a woman to give her money or else this individual would post these pictures on the internet. Here, there is no threat of physical harm to the victim, yet the woman is intimidated / threatened as it affects her reputation. This is a clear offence of criminal intimidation. 
 

Illustration for Criminal Intimidation under Section 503 IPC 

The illustration stated under Section 503 of IPC gives an example of what criminal intimidation would be. It states that:

“A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.”

Thus, in the above illustration, all the essentials of Section 503 have been covered which would result in “A” being guilty of a crime of criminal intimidation. 
 

Scope of Section 503 and 506 of IPC

 Nature of Offence under Criminal Intimidation stated in IPC:

Offence : Criminal intimidation

Cognizance : Non-Cognizable

Bail : Bailable

Triable : Any Magistrate

Punishment : 2 Years or Fine or Both

Compoundable: Yes
 

Offence : Criminal Intimidation : If threat be to cause death or grievous hurt, Etc.


Cognizance : Non-Cognizable

Bail : Bailable

Triable : Magistrate First Class

Punishment : 7 Years or Fine or Both

Compoundable: No

Consult: Top Criminal Lawyers in India
 

Extent and Nature of Threat in Criminal Intimidation under IPC

According to several judgments, it is not necessary that the threat under the Indian Penal Code is direct in nature. Even if the threat was made publicly, or to 3rd persons, it could fall under Criminal Intimidation. 

In a matter namely Re A.K. Gopalan vs. The State of Madras, Union of India: Intervener (1950), the Court had held that if police officers station at Malabar were threatened with injury to their person, property or reputation by a speaker at a public meeting (and not directly to them), then, that person will be liable for committing the offence of criminal intimidation. 

Similarly, in a case (Anuradha Kshirsagar vs. State of Maharashtra 1989), the accused had openly threatened female teachers and screamed that such women teachers should be ‘caught by their hair, kicked upon the waists and thrown out of the hall’. It was ruled by the Bombay High Court that these remarks would be an offence of criminal intimidation. 

It is also important that the nature of threat should be real. For example, in the case of Doraswamy Ayyar vs. King-Emperor (1924), it was held that a threat of being punished by God to another could not be included in the ambit of criminal intimidation. If the individual who is threatening the other is not capable of executing that threat at all, then he/she will not be held for an offence of criminal intimidation. However, in another case (Nand Kishore vs. Emperor), a butcher selling beef was threatened that if he continued buying or selling beef he would be jailed and his living in that area was also threatened. Since in the 2nd case the person(s) who threatened could actually execute that threat, it was held to be an offence of criminal intimidation. 
 

Punishment for Criminal Intimidation:

Section 506 of the Indian Penal Code provides punishment for committing the offence of criminal intimidation. However, the provision is divided in two parts: 

  1. Simple criminal intimidation and 

  2. Criminal intimidation with the threat to cause death or grievous hurt or destruction of property  by fire, or to cause an offence to be committed that is punishable with imprisonment upto a term of 7 years / life imprisonment / death, or to attribute unchastity to a woman. 

In cases of simple criminal intimidation, the term of punishment may extend to two years, or with fine. 

However, in those cases where the threat is caused by an intention to cause death of an individual, or any kind of severe injury to such person, or if the victim is threatened to cause destruction of property by means of fire - then such offender may be liable for imprisonment for a term of 7 years or fine or with both. If the offender threatens to impute the chastity of a woman, the offender could be liable for punishment of imprisonment of up to 7 years and/or fine. 

The offence of Criminal Intimidation in both kinds is non-cognizable (which means that the police does not have authority to arrest without a warrant) and bailable (which means that bail can be granted as a matter of right).

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Criminal Intimidation under other Sections of the Indian Penal Code

Criminal Intimidation in the Indian Penal Code is dealt with under Section 503, 505, 506, 507 and 508. These Sections (except Section 506 covered above) have been stated below:
 

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.
 

Section 505: Statements Conducing to Public Mischief

Whoever makes, publishes or circulates any statement, rumour or report,

(a) with intent to cause, or which is likely to cause, any officer, soldier,  [sailor or airman] in the Army, [Navy or Air Force] [of India] to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to [three years], or with fine, or with both.

(2) Statements creating or promoting enmity, hatred or ill-will between classes. Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

Exception.It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it [in good faith and] without any such intent as aforesaid.
 

Section 507: 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.
 

Section 508: Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

Whoever voluntari­ly causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Illustrations

  1. A sits dhurna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.

  2. A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine dis­pleasure. A has committed the offence defined in this section. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person against whom the offence was committed.

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‘Intention’ for a Criminal Intimidation Case

Section 503 of IPC that defines Criminal Intimidation itself talks about intention of the threatener. Without an intention to cause alarm to the other person or without an intention to cause the other person to do any act which he/she is not legally entitled to do, the person threatening will not be charged under this Section. 

As per the stages of crime stated below, the intention of the individual committing or willing to commit a crime is important. The intention behind an act of the accused/criminal is to be proved in the Court. The Court determines if intention was present at the time of the crime or not, by judging the action of the criminal, the weapons used, the words spoken, etc. All these are proved in the Court through investigations and by producing evidence. 
 

Stages of Crime as per Indian Penal Code

There are 4 stages of crime recognised in India. These shall be present in any act to be considered a crime. The 4 stages are:


Stage 1: Intention or motive of the Individual

The first stage is the mental stage. It is an ‘intention’ to commit a crime. It can be defined as the willingness of an individual to commit/do an act. However, mere intention to commit a crime is not a crime. Physical act is an important aspect in furtherance of the motive to commit the crime. The guilty mind or evil intent should be visible with a physical act. 
 

Stage 2: Preparing for a crime

The stage of preparation involves the arrangements made by an individual to execute a crime. However, even at this stage, no offence has been committed yet.

Even though mere preparation for any purpose is not a crime, still, certain actions can be prosecuted at this stage under the Indian Penal Code. For example- Preparation for waging a war against the State and preparing to commit dacoity are punishable even at this second stage. 
 

Stage 3: Attempt to commit a crime

The attempt of a crime occurs when preparation for it is done. The attempt is now a direct action in order to commit an offence.

Many sections of the Indian Penal Code make attempts to commit crimes, punishable offences.
 

Stage 4: Completion of the crime i.e. the result of the Act

In order to make it a complete offence, the intended crime should be completed. The individual will be guilty of committing the crime after it has been completed.

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What to do if involved in a Section 506 Criminal Intimidation case?

A matter under the Indian Penal Code is a critical case to deal with, both for the accused and for the victim. A person charged with an offence of criminal intimidation can face severe penalties if convicted. On the other hand, it is difficult even for the prosecutor to prove the charges levied by him/ her. Thus, both parties to the case i.e. the victim and the accused must prepare the case thoroughly. The victim should immediately contact a lawyer and approach the police authorities / magistrate in a criminal intimidation case, since such a case (if only criminal intimidation and no other charges) would entail a non-cognizable offence. 

A person involved in such a case must know all of his/her rights before and after arrest. For this purpose, one can take the help of his/her lawyer. One should also prepare a timeline of events and take it down on a piece of paper so that it is easier to brief the lawyer about the case. This will also help the lawyer to formulate a strategy to successfully conduct the trials and convince the court to adjudge in your favour.

Further, it is important to have a fair understanding of the law involved in an attempt to culpable homicide case. One must sit with his/her lawyer and understand the procedure as well as the law governing the case. It is also critical to perform your own research and understand the risks involved and how you can overcome the same.

One must also be aware of the rights of a person if he/she is arrested under Section 506 for an attempt to commit culpable homicide. The rights that are guaranteed by the Constitution of India and even the Code of Criminal Procedure has been stated below:
 

  1. Right to be informed of grounds of arrest which has been made. Section 50(1) of the Code of Criminal Procedure, 1973 (CrPC) and Article 22(1) of the Constitution of India enforce this right.
     

  2. Right to inform the relatives/ friends – Police officer making arrest has to immediately give the information regarding such arrest and the place where the arrested person is being held to any of his/her friends, relatives or such other persons as may be disclosed or nominated by the arrested person, as per Section 50A of Cr.P.C.
     

  3. It is also the duty of the police officer to inform the person arrested of his/her rights.
     

  4. Right to be informed of right to bail as per Section 50(2) of Cr.P.C. The arrested person also has a right to be released on bail, when arrested without warrant for an offence other than a non-cognizable offence.
     

  5. Right to be produced before a magistrate without delay – It is illegal to keep a person in detention for more than 24 hours without the orders of the Magistrate as per Section 56 of Cr.P.C. and Article 22(2) of the Constitution of India. Right of not being detained for more than twenty-four hours is also covered in Section 76 of Cr.P.C.
     

  6. Right to consult a legal practitioner – This right begins from the moment the arrest is made. It is required that the arrested person should contact his lawyer without any delay. This right is also covered under Article 22(1) of the Constitution of India, along with Section 41D of CrPC, and Section 303 of CrPC.
     

  7. Manhandling and Handcuffing – It is illegal to manhandle a person at the time of arrest.
     

  8. Search of arrested person who is female – In case of a women offender only a female police can search another female. The search should be carried out in a decent manner. A male police officer cannot search a female offender. He can however search a woman’s house.
     

  9. Also there exists a right to be examined by a medical practitioner.
     

  10. Arrested person has a right to legal aid and fair trial. Article 39-A states that the government in an effort to secure justice should endeavour to provide free legal aid to people in need.
     

  11. Right to remain silent is also an important right. This has been ensured in CrPC and even the Indian Evidence Act.
     

  12. Right against Handcuffing and Torture.
     

  13. If your personal items are kept by the police, you have a right to receive a receipt for the same so that you can take them later when you are released on bail.
     

If you have been accused in a criminal intimidation case and are preparing your version of events with the lawyer, it is important to be aware of the Attorney-client privilege. This means the statements that are made in confidence to the lawyer/advocate are protected. The attorneys are restricted to share this confidential information that the client shares with him/her. Therefore, being honest and open to your attorney’s questions is the best route of mounting a sound legal defense.
 

Criminal Trial in a Criminal Intimidation case

  1. Police complaint: the first step is a Police Complaint. You can give your complaint either orally or in writing.  
     

  2. Investigation and Report by Officer: The second step after the FIR, is investigation by the Investigation Officer. After the examination of the facts and circumstances, collection of evidence, and examination of persons and other necessary steps, the officer completes the investigation and prepares the investigation. 
     

  3. Charge-sheet before Magistrate: The police then files the charge sheet before the magistrate. The charge-sheet consists of all the criminal charges against the accused.
     

  4. Arguments before Court and Framing of Charges: On the fixed date of hearing, the Magistrate hears the parties’ arguments on the charges that have been set and then finally frames the charges. 
     

  5. Plea of guilty: Section 241 of the Code of Criminal Procedure, 1973 talks about the plea of guilty, after framing of the charges the accused is given an opportunity to plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt was voluntarily made. The judge may upon its discretion convict the accused.
     

  6. Evidence by Prosecution: After the framing of the charges and the accused pleading ‘not guilty’, the evidence is first given by the Prosecution, upon whom the burden of proof initially (generally) lies. Both oral and documentary evidence can be produced. The magistrate has the power to issue summons to any person as a witness or order him to produce any document. 
     

  7. Cross Examination of Witnesses by Accused/Counsel: Witnesses of the prosecution when produced before the court are cross examined by the accused or his/her counsel. 
     

  8. Evidence by Accused if any, in defence: If the accused has any evidence, it is presented to the Courts at this stage. He/she is given this opportunity to make his/her case stronger. However, since the burden of proof is on the prosecution i.e. the alleged victim, the accused is not required to present evidence. 
     

  9. Cross Examination of Witness by Prosecution: If witnesses are produced by the defence, they will be cross-examined by the Prosecution. 
     

  10. Conclusion of Evidence: Once the court has been presented with evidence from both sides, the evidence is concluded by the Court/Judge. 
     

  11. Oral / Final Arguments: The final stage, nearing the judgement is the stage of final arguments. Here, both parties take turns (first, the prosecution and then the defence) and make final oral arguments in front of the judge. 
     

  12. Judgement by the Court: Based upon the facts and circumstances of that case, and upon the arguments made and evidence produced, the Court gives its final judgement. The Court gives its reasons in support of the acquittal or conviction of the accused and pronounces its final order. 
     

  13. Acquittal or Conviction: If the accused is held guilty, he/she is convicted and if held ‘not-guilty’, the accused is acquitted in the final judgement. 
     

  14. If Convicted, Hearing on Quantum of Sentence: If the accused is held guilty and convicted, a hearing will take place to decide the quantum or extent of the Sentence or jail time. 
     

  15. Appeal to Higher Courts: An appeal to Higher Courts can be made if the scenario allows it. From Sessions court, an appeal can be made to the High Court and from High Court, to the Supreme Court.

    Consult: Top Criminal Lawyers in India
     

Can you get a Bail in a Criminal Intimidation Case?

Since an offence of criminal intimidation under Section 506 is a bailable offence, getting bail if you are charged for this offence is a matter of right. The Police can also provide you bail and if not, the Magistrate can be approached. You will be required the help of a lawyer who will guide you through the procedure of getting a bail. A bail bond will have to be filled by you and you may be asked to furnish security in order to get bail. The court will consider various essentials such as antecedents of the accused, his status in the society, the motive for the offence, police charge sheet, etc. After considering all the essentials if the reasons favour accused bail will be granted. It is crucial to take assistance from an experienced criminal lawyer in cases like these.
 

What happens if a criminal charge is not dismissed?

Being charged with a crime, whether major or minor, is a serious matter. A person facing criminal charges, such as mentioned under section 506, risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case. Thus, it is crucial to have a good criminal lawyer by your side when charged with a crime as serious as mentioned under section 506 who can guide you with case and can help get the charges dismissed.
 

Appeal for a case under Section 506 of the Indian Penal Code

An appeal may or may not be a matter of right. It is a procedure by which a judgment or an order of a lower or subordinate court is challenged before a higher court. An appeal can be filed by either party to the case before the lower court. The individual who is filing or continuing an appeal is called the appellant and the Court where the appeal has been filed is termed as the Appellate Court. A party to a case does not have any inherent right to challenge the judgment/order of a Court before its superior or higher Court. An appeal can be filed only and only if it is specifically allowed by any law and has to be filed in the specified manner in the specified Courts. An appeal should also be filed in a time bound manner.

An appeal can be made in a higher court if there are good grounds for the same. An appeal from the district/magistrate court can be made to Sessions court. From the Sessions court, an appeal can be made to the High Court and from the High Court, to the Supreme Court. Both the wife and the accused can go for appeal if the circumstances so arise.

Any person convicted on a trial held by Sessions judge or an Additional Sessions judge or on a trial held by any other court in which a sentence of imprisonment for more than 7 years has been passed against him or against any other person in the same trial can appeal to the High Court.
 

Why do you need the help of a Lawyer?

If you are filing or defending your case under Section 506 of the Indian Penal Code, you will need the help of a criminal lawyer. A good criminal lawyer is a prerequisite to ensuring that you are guided properly and in the right direction. A lawyer having substantial experience in handling criminal cases can guide you through the court procedure and can help you prepare a solid defense for your case. He can prepare you for cross-examinations and guide you on how to answer the prosecution’s questions. A criminal lawyer is an expert in dealing with criminal cases and knows how to tackle a particular case owing to his/her years of experience. Having a good criminal lawyer by your side you can ensure a successful result in your case in the minimum time possible.
 

Testimonials - Real cases 

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 neighbor 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 dont 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 regarding 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. 

FAQ's on IPC Section 506


What offence is defined under IPC 506?

IPC 506 Offence: Criminal intimidation.


What is the punishment for IPC 506 Case?

The punishment for IPC 506 is 2 Years or Fine or Both.


Is IPC 506 cognizable offence or non-cognizable offence?

IPC 506 is a Non-Cognizable.


How to file/defend your case for IPC 506 offence?

Use LawRato for filing/defending your case under IPC 506 with the help of best criminal lawyers near you.


Is IPC 506 bailable or non-bailable offence?

IPC 506 is a Bailable offence.


In what court can IPC 506 be tried?

IPC 506 is tried in the court of Any Magistrate.


Legal Questions Answered by Top Lawyers on IPC 506


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