351 BNS : Criminal intimidation .

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Introduction of 351 BNS

351 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of criminal intimidation, where a person uses threats to instill fear or force someone into compliance. It covers threats to life, property, reputation, or loved ones, and even includes intimidation through anonymous communication or targeting the reputation of deceased persons. By replacing IPC Sections 503 and 506, this provision strengthens legal safeguards against coercion, harassment, and manipulation, ensuring that people are protected from unlawful pressure and intimidation in daily life.

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The Bharatiya Nyaya Sanhita (BNS) Section 351 replaces the old Indian Penal Code (IPC) Section 503, 506.

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What is BNS Section 351 ?

Criminal intimidation under BNS Section 351 occurs when someone:

1. Threatens injury to a person, property, or reputation to create fear.
2. Uses threats to force someone to act or refrain from acting in a lawful manner.
3. Includes threats against the reputation of a deceased person.

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Under Section 351 of the bns act 2023

“Whoever threatens another person with injury to their body, reputation, or property, or to the body, reputation, or property of any person in whom they are interested, intending to cause alarm or to compel them to do an act they are not legally bound to do, or to omit an act they are legally entitled to do—
shall be punished with imprisonment up to two years, or with fine, or with both.
If the threat is to cause death, grievous hurt, destruction of property by fire, or to commit a serious offense, imprisonment may extend to seven years, or with fine, or with both.
If such intimidation is made anonymously or by concealing identity, additional imprisonment up to two years shall apply.”

1. Meaning of Criminal Intimidation

• Criminal intimidation → Using threats to instill fear in someone, with the purpose of forcing them to act against their will or stop them from doing something lawful.
• Threats may include: bodily harm, damage to property, harm to reputation, or even injury to the reputation of a deceased person linked to the victim.

Example → Threatening a person to transfer their property by saying “I’ll ruin your reputation if you don’t agree.”

2. Essential Ingredient – Intention to Cause Fear

The act must be done intentionally or with knowledge that it is likely to cause fear.

• Fear of bodily injury (e.g., death or grievous hurt).
• Fear of property damage (e.g., arson, vandalism).
• Fear of reputation loss (e.g., spreading false accusations).
• Fear relating to a loved one or deceased person’s reputation.

Example → Sending an anonymous letter threatening to burn someone’s house if they don’t withdraw a court case.

3. Punishment under BNS Section 351

• General Intimidation (Subsection 2):
  Imprisonment up to 2 years, or fine, or both.
• Severe Threats (Subsection 3):
  Threats involving death, grievous hurt, arson, or serious crimes → Imprisonment up to 7 years, or fine, or both.
• Anonymous Threats (Subsection 4):
  Additional imprisonment up to 2 years, apart from the above punishment.

4. Nature of the Offense

• Bailable → Accused can seek bail as a matter of right.
• Non-Cognizable → Police cannot arrest or investigate without a magistrate’s permission.
• Trial By:
  • General threats → Any Magistrate.
  • Severe threats / anonymous intimidation → Magistrate of the First Class.

5. Examples of BNS Section 351 in Action

• Example 1 – General Intimidation:
  A man threatens his neighbor to withdraw a complaint or face defamation. → Punishable with up to 2 years.
• Example 2 – Severe Intimidation:
  A criminal threatens to kill someone’s family unless they hand over property. → Punishable with up to 7 years.
• Example 3 – Anonymous Threat:
  An anonymous email threatens to set fire to a shop if protection money is not paid. → Main punishment + additional 2 years.
• Example 4 – Threat Against Deceased’s Reputation:
  Someone threatens to spread lies about a deceased father to force the son to sell land. → Covered under Section 351.

6. Importance of Section 351

• Protects individual freedom from unlawful coercion.
• Safeguards property, reputation, and personal security.
• Deters anonymous threats by imposing stricter penalties.
• Preserves dignity of deceased persons linked to the victim.
• Promotes a safer society where people are not forced into decisions by fear.

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Section 351 BNS Overview

BNS Section 351 defines the crime of criminal intimidation. It states that any person who threatens another person with harm to their body, reputation, or property, or to someone they care about, with the intent to cause fear or to force them to act against their will or stop doing something lawful, commits the offense of criminal intimidation. The section also includes threats to harm the reputation of a deceased person if it affects someone related to or interested in that person.

BNS 351 : 10 KEY Points.

1. Meaning of Criminal Intimidation

• Criminal intimidation happens when one person threatens another person to create fear in their mind.
• The threat can be about:
  • Body – e.g., “I will beat you up if you don’t do this.”
  • Property – e.g., “I will burn your shop if you don’t give me money.”
  • Reputation – e.g., “I will spread false rumors about you if you don’t follow my instructions.”
  • Loved Ones – e.g., “I will harm your brother if you don’t give me your land.”
• The main purpose of such threats is to force the victim to act against their will or stop them from doing something they are legally allowed to do.

2. Types of Threats Covered

• The law is very broad. It covers all forms of threats, such as:
  • Verbal threats – spoken directly in person.
  • Written threats – letters, SMS, emails, WhatsApp messages.
  • Gestures or actions – showing a weapon, pointing fingers in a threatening manner.
  • Anonymous threats – when the offender hides their identity.
  • Fake identity threats – when the offender pretends to be someone else.

3. Punishment for General Threats (Sub-Section 2)

• If the threat is not very serious but still causes fear in the victim, the punishment is:
  • Imprisonment up to 2 years, or
  • Fine, or
  • Both imprisonment and fine.
• Example: A person threatens to spoil someone’s reputation unless they give him money.

4. Punishment for Severe Threats (Sub-Section 3)

• If the threat is very serious in nature, the punishment is much harsher.
• Examples of serious threats:
  • Threatening to kill someone,
  • Threatening to cause grievous hurt,
  • Threatening to burn down a house or shop,
  • Threatening to commit a grave crime like dacoity or kidnapping.
• Punishment:
  • Imprisonment up to 7 years, and
  • Fine.

5. Anonymous Threats (Sub-Section 4)

• If a person gives a threat without showing their identity or by pretending to be someone else, then an extra punishment is added.
• Additional punishment:
  • Up to 2 years imprisonment (on top of the main punishment).
• Example: Sending a threatening letter without signing a name.

6. Threats Against Reputation of Deceased Persons

• Even if the threatened harm is related to a dead person, it is still criminal intimidation.
• Example: Threatening to spread false rumors about a deceased family member to emotionally manipulate the victim.
• This provision protects emotions of the family and the dignity of deceased individuals.

7. Victim’s Rights under this Law

• The victim cannot be forced to act against their will.
• For example:
  • A person cannot be forced to withdraw a legal case.
  • A person cannot be forced to hand over their property.
• This section protects a person’s legal rights and freedom.

8. Requirement of Intention

• Intention is very important.
• If someone makes a joke or casual remark without the intention to cause fear, it will not be criminal intimidation.
• The court checks whether the accused truly wanted to create fear in the victim’s mind.

9. Nature of the Offence

• Non-Cognizable – Police cannot arrest the accused without the order of a Magistrate.
• Bailable – The accused can apply for bail and get released.
• Triable by Magistrate – The case will be heard by a Magistrate, and if the threat is severe, it will go before a Magistrate of First Class.

10. Importance of this Section

• This section is important because it:
  • Protects individuals from being forced into unwanted actions.
  • Prevents misuse of threats for illegal gains.
  • Ensures freedom so that people can live without fear.
  • Provides stronger punishment for dangerous threats like murder or arson.

Examples of BNS Section 351 in Action

Example 1 (General Intimidation)
Ravi tells Mohan: “If you don’t give me ₹50,000, I will spread false rumors about your character.”

• This is criminal intimidation (general threat).
• Punishment: Up to 2 years imprisonment or fine.

Example 2 (Severe Intimidation)
Ankit sends a letter to Meena saying: “If you don’t withdraw your police complaint, I will burn your house down.”

• This is a serious threat under sub-section (3).
• Punishment: Up to 7 years imprisonment + fine.

Example 3 (Anonymous Threat)
Someone sends a text message from an unknown number: “We will kill your brother if you testify in court.”

Punishment: Main offence punishment + 2 extra years imprisonment.

This is anonymous intimidation.

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BNS 351 Punishment

1. General Criminal Intimidation (Sub-section 2)

• Punishment:
  • Imprisonment: Up to 2 years.
  • Fine: As determined by the court.
  • Or both imprisonment and fine.

2. Threat of Death, Grievous Hurt, or Serious Offense (Sub-section 3)

• Punishment:
  • Imprisonment: Up to 7 years.
  • Fine: As determined by the court.
  • Or both imprisonment and fine.

3. Anonymous Threats or Concealed Identity (Sub-section 4)

• Punishment:
  • Imprisonment: Up to 2 additional years on top of the penalty for general intimidation.

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BNS 351 bailable or not ?

The offense is generally bailable, but the severity of the threat, such as threats of death or grievous hurt, may lead to stricter court scrutiny. Bailability ensures temporary release by providing a bail bond while awaiting legal proceedings.

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Comparison: BNS Section 351 vs IPC Sections 503 & 506

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BNS Section 351 FAQs

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Conclusion

BNS Section 351 plays a vital role in protecting individuals from fear-driven coercion and threats. It ensures that no one is forced into surrendering their legal rights due to intimidation. With punishments ranging from 2 years for general threats to 7 years for severe threats, and additional penalties for anonymous intimidation, this section acts as a strong deterrent against unlawful pressure. By replacing older IPC provisions, it upholds justice, dignity, and safety, fostering a society where individuals can live and act freely without fear of intimidation.

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