Sections 507, 508, 509 and 510 IPC Explained
Sections 507 to 510 of the Indian Penal Code, 1860 dealt with four distinct offences: anonymous criminal intimidation, compelling conduct through fear of Divine displeasure, words or acts intended to insult the modesty of a woman, and specified drunken misconduct in public.
Section 507 IPC - Criminal intimidation by anonymous communication
Section 507 applied where a person committed criminal intimidation by an anonymous communication, or after taking precautions to conceal the name or abode of the person from whom the threat came.
The offender was punishable, in addition to the punishment provided for the underlying criminal intimidation under Section 506, with imprisonment of either description for a term extending up to two years.
Section 507 therefore did not replace the underlying offence of criminal intimidation. It imposed an additional punishment where anonymity or concealment of identity or abode accompanied the threat.
For the definition and punishment of criminal intimidation, see Sections 503 and 506 IPC - criminal intimidation and punishment.
Essential ingredients of Section 507
Criminal intimidation
The communication must amount to criminal intimidation as defined by Section 503 IPC.
Anonymous communication
The offence covers criminal intimidation conveyed anonymously.
Concealment
It also covers precautions taken to conceal the name or abode of the person from whom the threat comes.
Additional punishment
The additional imprisonment may extend to two years beyond the punishment for the underlying intimidation.
Section 508 IPC - Act caused by inducing belief of Divine displeasure
Section 508 applied where a person voluntarily caused or attempted to cause another person to do something that person was not legally bound to do, or to omit something that person was legally entitled to do, by inducing or attempting to induce a belief that the person or someone in whom that person was interested would become, or be rendered by an act of the offender, an object of Divine displeasure if the demanded conduct was not followed.
The punishment was imprisonment of either description extending up to one year, or fine, or both.
Illustrations to Section 508
The statutory illustrations include a person sitting dharna at another person's door with the intention of causing a belief that this would render that person an object of Divine displeasure. Another illustration concerns a threat by the offender to kill the offender's own child in circumstances in which the killing would be believed to render the person threatened an object of Divine displeasure.
Section 509 IPC - Word, gesture or act intended to insult modesty of a woman
Section 509 applied where a person, intending to insult the modesty of a woman, uttered words, made a sound or gesture, exhibited an object intending that it be heard or seen by the woman, or intruded upon her privacy.
Following the 2013 amendment, the punishment was simple imprisonment extending up to three years and fine.
Essential ingredients of Section 509
Intention
The act must be accompanied by an intention to insult the modesty of a woman.
Word, sound, gesture or object
The provision expressly covered specified communications and displays intended to be heard or seen by the woman.
Intrusion upon privacy
Intrusion upon the privacy of a woman was separately included within Section 509.
Punishment
Simple imprisonment could extend to three years and the offender was also liable to fine.
Chhattisgarh State amendments - Sections 509A and 509B
The source page also records the Chhattisgarh amendment introduced by Chhattisgarh Act 25 of 2015. Section 509A addresses sexual harassment by a relative, other than the woman's husband, who takes advantage of proximity and induces, seduces or threatens the woman with intent to insult her modesty by word, gesture or act. The stated punishment is rigorous imprisonment of not less than one year and up to five years, with fine.
Section 509B addresses specified obscene, lewd, lascivious, filthy or indecent electronic communications made through a telecommunication device, internet or other electronic mode with the prescribed intent or knowledge concerning harassment, annoyance or mental agony to a woman. The stated punishment is rigorous imprisonment of not less than six months and up to two years, with fine.
Section 510 IPC - Misconduct in public by a drunken person
Section 510 applied where a person, while intoxicated, appeared in a public place or a place which it was a trespass for that person to enter, and conducted himself in a manner causing annoyance to another person.
The punishment was simple imprisonment extending up to twenty-four hours, or fine extending up to ten rupees, or both.
Punishment summary
| Provision | Offence | Punishment |
|---|---|---|
| Section 507 | Anonymous criminal intimidation or concealment of name or abode | Up to two years additional imprisonment, besides punishment under Section 506 |
| Section 508 | Compelling an act or omission through induced belief of Divine displeasure | Up to one year, or fine, or both |
| Section 509 | Word, gesture or act intended to insult modesty of a woman or intrusion upon privacy | Simple imprisonment up to three years and fine |
| Section 510 | Specified misconduct in public by an intoxicated person | Simple imprisonment up to 24 hours, or fine up to ten rupees, or both |
Pre-BNSS CrPC classification
Under the central First Schedule to the Code of Criminal Procedure, 1973, Sections 507, 508 and 510 were classified as non-cognizable and bailable. Section 509, after the 2013 criminal law amendments, was classified as cognizable and bailable under the central schedule. State amendments could alter procedural classification in particular jurisdictions.
| Provision | Cognizability | Bail | Central schedule trial court |
|---|---|---|---|
| Section 507 IPC | Non-cognizable | Bailable | Magistrate of the First Class |
| Section 508 IPC | Non-cognizable | Bailable | Any Magistrate |
| Section 509 IPC | Cognizable | Bailable | Any Magistrate |
| Section 510 IPC | Non-cognizable | Bailable | Any Magistrate |
Frequently asked questions
What was Section 507 IPC?
It prescribed additional punishment where criminal intimidation was committed anonymously or after precautions were taken to conceal the name or abode of the person making the threat.
What was the punishment under Section 508?
Imprisonment of either description up to one year, or fine, or both.
What was the punishment under Section 509 after the 2013 amendment?
Simple imprisonment extending up to three years and fine.
Did Section 509 include intrusion upon a woman's privacy?
Yes. The statutory provision expressly included intrusion upon the privacy of a woman when accompanied by the required intention.
What did Section 510 require?
It required intoxication, appearance in a public place or a place where entry amounted to trespass, and conduct causing annoyance to a person.
Legal note: This page explains the IPC and CrPC framework before commencement of the BNS and BNSS. The applicable law in an individual matter depends on the date, place and facts of the alleged offence, applicable State amendments and statutory saving provisions.
