351 BNS

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Introduction of 351 BNS

351 BNS deals with the offense of criminal intimidation. It covers situations where a person threatens another to cause harm to their body, reputation, property, or someone they care about, with the intention to instill fear or compel them to act against their will or legal rights. This section also includes threats to harm the reputation of deceased individuals linked to the victim. Criminal intimidation can take various forms, including threats of death, grievous hurt, property destruction, or through anonymous communication.

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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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BNS 351 in Simple Points

What Constitutes Criminal Intimidation?

Criminal intimidation occurs when a person uses threats to scare someone into doing something they are not legally required to do or stop doing something they have a legal right to do. These threats can involve harm to the person, their property, reputation, or someone they care about. For example, threatening someone to withdraw a court case or give up their property falls under criminal intimidation.

Punishment for General Criminal Intimidation

For general cases of criminal intimidation, the punishment is imprisonment for up to 2 years, or a fine, or both. This applies to cases where the threats do not involve life-threatening harm but are still serious enough to cause fear or force someone to act against their will.

Punishment for Severe Criminal Intimidation

If the threats involve causing death, grievous harm, destruction of property by fire, or committing serious crimes, the punishment is harsher. The offender can face imprisonment of up to 7 years, or a fine, or both. This provision ensures that severe forms of intimidation are dealt with more strictly to protect public safety.

Anonymous Threats or Concealed Identity

If a person issues threats anonymously or takes measures to hide their identity, it is considered an aggravated form of criminal intimidation. In such cases, the punishment includes an additional imprisonment of up to 2 years on top of the regular punishment for the offense. This discourages offenders from using anonymous means to intimidate others.

Threats Against Deceased Persons

BNS Section 351 also covers threats made about harming the reputation of a deceased person if it impacts someone connected to the deceased. For instance, threatening to spread false rumors about a deceased family member to manipulate a person constitutes criminal intimidation. This ensures that emotional and familial ties are respected even after death.

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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.

What is Criminal Intimidation?

Criminal intimidation happens when someone threatens to harm another person, their reputation, their property, or someone they care about. The main aim of such a threat is to cause fear and force the person to act in a way they usually wouldn’t, or to stop them from doing something they are allowed to do. The law ensures protection against these threats to maintain people’s freedom and safety.

What Types of Threats are Covered?

This law applies to all kinds of threats, whether spoken, written, or shown through actions. Even if the person giving the threat does not show their identity (anonymous threats), it is still considered a crime. The threat can include physical harm, damage to property, defamation, or harm to loved ones.

Punishment for General Threats (Sub-section 2)

If a person threatens someone in a way that causes fear but does not involve severe harm, they can face up to 2 years in jail, a fine, or both. This punishment is for less serious forms of criminal intimidation but still sends a clear message that such behavior is not acceptable.

Punishment for Severe Threats (Sub-section 3)

If the threat involves serious harm, such as threatening to kill someone, cause grievous injury, set fire to property, or commit a major crime, the punishment can be up to 7 years in jail, a fine, or both. This provision ensures that harsher threats are dealt with more seriously.

Anonymous Threats (Sub-section 4)

If someone sends a threat while hiding their identity or pretending to be someone else, they face an additional punishment of up to 2 years in jail, on top of the punishment for the initial offense. This discourages people from making threats anonymously or through fake identities.

Threats Against Deceased Persons

Threats that harm the reputation of a deceased person are also covered under this section. For example, threatening to spread false stories about a deceased family member to manipulate the victim is criminal intimidation. This protects emotional ties and ensures no one can misuse the memory of deceased individuals.

Victim’s Legal Rights

This law ensures that no one is forced to act against their rights or stop doing something they are legally allowed to do. For example, if someone threatens a person to withdraw a legal case or hand over their property, it qualifies as criminal intimidation. This safeguards individuals from illegal coercion.

Non-Cognizable and Bailable Offense

Criminal intimidation is a non-cognizable offense, meaning the police cannot arrest the person without permission from a magistrate. It is also bailable, so the accused can seek bail easily. The case is triable by any magistrate or a Magistrate of the First Class, depending on the seriousness of the offense.

Need for Intent

The person making the threat must have a clear intention to cause fear or harm. If the statement is made jokingly or without the intent to harm, it is not considered criminal intimidation. The court carefully examines the offender’s intent before deciding the case.

Why is this Section Important?

This section ensures that people can live without fear of threats or manipulation. It protects individuals from being forced into unwanted actions or decisions. By including severe penalties for dangerous threats, it acts as a deterrent and promotes a safer society for everyone.

Examples of BNS Section 351

Example 1: General Intimidation

Rajesh threatens Suresh, saying he will destroy Suresh’s reputation by spreading false rumors unless Suresh transfers his property to Rajesh. Rajesh’s threat falls under BNS Section 351(2).

Example 2: Threat of Death or Grievous Hurt

Ankit sends a letter to Meena threatening to burn her house down if she doesn’t withdraw a legal case. This act is punishable under BNS Section 351(3) with imprisonment of up to 7 years.

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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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Bharatiya Nyaya Sanhita Section 351

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
351(2)	Criminal intimidation	Imprisonment up to 2 years, fine, or both.	Bailable	Non-cognizable	Any Magistrate
351(3)	Threat of death, grievous hurt, or serious crime	Imprisonment up to 7 years, fine, or both.	Bailable	Non-cognizable	Magistrate of First Class
351(4)	Anonymous intimidation	Imprisonment up to 2 years, in addition to the punishment under sub-section (1).	Bailable	Non-cognizable	Magistrate of First Class

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BNS Section 351 FAQs

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