Section 351 BNS: Criminal Intimidation
Section 351 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of criminal intimidation and prescribes punishment for ordinary threats, aggravated threats and anonymous threats.
What is criminal intimidation under Section 351 BNS?
Criminal intimidation occurs when a person threatens another, by any means, with injury to that person's person, reputation or property, or to the person or reputation of someone in whom the threatened person is interested, and the threat is made with the legally specified intent.
The required intent is to cause alarm, or to compel the threatened person to do something that the person is not legally bound to do, or to omit something that the person is legally entitled to do, as a means of avoiding execution of the threat.
Section 351 of the Bharatiya Nyaya Sanhita, 2023
351. (1) Whoever threatens another by any means, 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.
Illustration. 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.
(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 threatening 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).
Essential ingredients of Section 351 BNS
For conduct to fall within the definition in sub-section (1), the threat must relate to injury to person, reputation or property, or to the person or reputation of someone in whom the threatened person is interested. The threat must also be accompanied by the statutory intent.
- there must be a threat made to another person by any means;
- the threatened injury must concern person, reputation or property, or another protected interest specified in the section;
- the threat must be intended to cause alarm, or to compel an unlawful act or unlawful omission; and
- the threatened consequence must be used as the means of exerting that pressure.
Punishment under Section 351 BNS
| Provision | Nature of conduct | Maximum punishment |
|---|---|---|
| Section 351(2) | Criminal intimidation generally | Imprisonment up to 2 years, or fine, or both |
| Section 351(3) | Threat of death, grievous hurt, destruction of property by fire, specified serious offences, or imputation of unchastity to a woman | Imprisonment up to 7 years, or fine, or both |
| Section 351(4) | Anonymous communication or concealment of name or abode | Imprisonment up to 2 years in addition to the punishment for the underlying criminal intimidation |
Anonymous threats and concealment of identity
Sub-section (4) deals specifically with criminal intimidation carried out through anonymous communication or after taking precautions to conceal the name or abode of the person making the threat. The additional punishment under this sub-section can extend to two years.
The words by any means in sub-section (1) make the definition broad enough to focus on the threat and its intended effect rather than on one particular mode of communication.
Procedure and compounding under the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 governs criminal procedure for offences under the BNS. Its compounding provisions expressly list offences under Section 351(2) and Section 351(3) as compoundable by the person intimidated.
For arrest, bail, cognizability and the court competent to try a particular case, the applicable entry in the First Schedule to the BNSS should be checked together with the precise sub-section alleged and the facts of the case.
Explanation relating to a deceased person's reputation
The Explanation to Section 351 makes clear that a threat to injure the reputation of a deceased person can also constitute criminal intimidation where the person threatened is interested in that deceased person. The provision therefore extends beyond threats directed only at the threatened person's own reputation.