Code: Section 351 BNS

(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 resist 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).

Explanation of Section 351 BNS

Section 351 of the BNS defines criminal intimidation as the act of threatening another person with harm to their body, reputation, or property, with the intent to cause fear or induce them to act against their legal interests. This section also specifies the punishments based on the severity of the threat and the method of communication.

• Threats can be physical, reputational, or to property.

• Aggravated threats involve threats to cause death, grievous hurt, property destruction, or imputing unchastity to a woman.

• Anonymous threats are also punishable under this section.

Illustration

Example 1: Threatening Property Damage

A threatens to burn down B’s house unless B withdraws a complaint against him. A is guilty of criminal intimidation under Section 351(1) and may face imprisonment up to two years, a fine, or both.

Example 2: Anonymous Threat

C sends an anonymous letter to D, threatening to harm D’s family unless D pays a ransom. This is an offense under Section 351(4) and may result in imprisonment up to two years, along with additional penalties.

Example 3: Threatening Unchastity

E falsely accuses F of immoral behavior with the intent to damage F’s reputation and causes public humiliation. This can fall under Section 351(3) if the threat is made to impute unchastity.

Common Questions and Answers on Section 351 BNS

1. What is considered criminal intimidation under Section 351?

• Answer: Threatening someone with harm to their body, reputation, or property with the intent to cause fear or compel them to act against their will.

2. What are the punishments for criminal intimidation?

• Answer: Imprisonment up to two years, a fine, or both for general threats. For aggravated threats (e.g., threats of death, grievous hurt, etc.), imprisonment up to seven years, a fine, or both.

3. Can anonymous threats be punished under Section 351?

• Answer: Yes, any criminal intimidation carried out anonymously or while concealing the identity of the perpetrator is punishable under Section 351(4).

4. Is a verbal threat enough to be charged under Section 351?

• Answer: Yes, verbal threats are sufficient if they meet the criteria of causing alarm or coercing someone to act against their legal rights.

Conclusion

Section 351 of the BNS aims to protect individuals from threats that cause fear or distress, particularly when such threats are intended to force someone to act against their legal rights. The law provides clear distinctions between general criminal intimidation, aggravated cases, and offenses involving anonymous threats, ensuring appropriate punishments for each scenario.