Introduction
Sections 503 through 506 of the IPC (the Indian Penal Code, 1860) include provisions for criminal intimidation (IPC). The general public frequently confuses extortion, violence, and criminal intimidation. Section 503 of the IPC, 1860 defines criminal intimidation, while Sec. 506 IPC and 507 IPC are the punitive sections that specify the penalties for the crime of criminal intimidation.
What is Section 506 IPC?
Section 503 provides the definition of the crime of criminal intimidation. The Oxford Dictionary defines intimidation as “to threaten someone to get them to do what we desire.” In Section 503 of the Indian Penal Code, criminal intimidation is described as an offense whenever anyone confronts another person with damage to their person, reputation, or property in order to pressure them into executing an act for which they are not legally required. An intimidator is someone who makes threats.
What does Section 506 IPC say?
Section 506 IPC discusses the penalties for committing the crime of criminal intimidation. The first section deals with crimes punishable by imprisonment for up to two years, a fine, or both. The second segment covers a more serious sort of criminal intimidation that must involve particular factors, such as death or grave harm, property damage by fire, or demeaning any lady by labeling her unchaste. Anyone who commits such an offense will face 7 years in simple or harsh imprisonment, a fine, or both.
Main points to note from Section 506 IPC
The main descriptive points under the Section 506 IPC are as follows:
- The first section of Section 506 IPC specifies that if a person is found guilty of criminal intimidation, he or she shall be punished with imprisonment for a term that may extend to two years, a fine, or both fine and imprisonment for the crime.
- The second part of Section 506 IPC is triggered if a person threatens to cause death, serious harm, or destruction of any property by fire, the offence is punished by imprisonment for a time up to seven years, a fine, or both.
- If the parties compromise and resolve the situation, and the complainant agrees to have the accusations against the accused withdrawn, the offence under Section 506 IPC is a compoundable offence.
- When a male threatens a woman with unchastity, the punishment is imprisonment of any kind for a duration that can last up to seven years, a fine, or both.
- When it comes to the first part of Section 506 IPC, an offence under Section 506 is non-cognizable, bailable, and compoundable by the person who was intimidated, and it is non-compoundable when it comes to the second part of Section 506.
Who is an Anonymous Intimidator?
Section 507 of the Indian Penal Code, 1860, defines a more severe kind of intimidation. This section concerns crimes committed by an anonymous intimidator. According to the requirements of this section, anybody who engages in criminal intimidation through anonymous communication or conceals their identity or place of residence may face up to two years in prison.
This punishment is in addition to the sentence mentioned for the offence under Section 506 of IPC, 1860. Two conditions must be met: a) a threat to the person’s body, reputation, or possession, and b) an intention to refrain from or engage in efforts to avert the threat.
Is Section 506 of IPC a bailable offence?
The Section 506 IPC offence is non-cognizable, non-compoundable, and bailable. Because criminal intimidation is a bailable offence under Section 506, obtaining bail if charged with this offence is a matter of right. If the police cannot grant you bail, you can seek the Magistrate. You will need the assistance of a lawyer who will walk you through the bail process.
You will be required to fill out a bail bond and may be requested to provide security in order to obtain bail. The accused’s antecedents, his social standing, the reason for the crime, the police charge sheet, and other factors will be considered by the court. In these situations, it is critical to get a Lawyer Consultation when dealing with such issues.
Punishment under Section 506 IPC
As previously explained, the punishment under Section 506 IPC is divided into two sections. If a person commits the crime of criminal intimidation, he faces up to two years in jail, a fine, or both. And if the individual conducts a serious type of criminal intimidation in which he threatens the victim with death or serious bodily harm, he will face seven years in simple or harsh imprisonment, a fine, or both. Anonymous communication is used for criminal intimidation.
What are offences committed to private?
The Indian Penal Code, 1860, Section 507, is an aggravating factor of intimidation. This section deals with cases in which the intimidator commits the offence in private. According to this section, anybody who participates in criminal intimidation through anonymous communication or conceals their identity or place of residence faces up to two years in prison. This punishment is in addition to the sentence provided for the violation under Section 506 of IPC, 1860.
As an example, suppose A sends B an anonymous letter threatening to burn down his house. This section will deal with the crime.
Case Laws related to Section 506 IPC
Vikram Johar v. the State of Uttar Pradesh
In this instance, the Supreme Court stated that the sheer use of harsh words does not fulfill the bare minimum standards for criminal intimidation. The defendant was accused of breaking into the plaintiff’s home and assaulting him with filthy statements while wielding a pistol. Despite having intimidated the plaintiff, the defendant fled the scene as the neighbors arrived. The bench found that none of the aforementioned allegations, at least on the surface, constitute an offence.
State v. Romesh Chandra (1960)
The Supreme Court highlighted in this instance that the simple use of hateful words comes up short of the legal bar for criminal intimidation. The offender was charged with breaking into the plaintiff’s house and assaulting him while brandishing a pistol. After threatening to assault the plaintiff, the defendant fled the scene when the neighbors arrived. The bench determined that none of the claims described above, at least on the surface, constituted an offence.
Conclusion
Sections 506 IPC and 392 IPC will be used to prosecute “X,” i.e., criminal intimidation and robbery. To guarantee that justice is served, the IPC stipulates the punishment for certain offences. The scope develops as a result of judicial decisions.
Criminal intimidation is a serious offence that can result in 2 to 7 years in jail, a fine, or both, depending on the circumstances. There are different types of Legal Aids available; get online advice now!
