Criminal Intimidation

Chapter XXII of Indian Penal Code (section 503-510) deals with Criminal Intimidation, International insult, statements, conducting to public mischief, including belief of divine displeasure, insulting the modesty of a women and misconduct in public by a drunken person.

In this article we would be dealing with Criminal Intimidation and its punishment (section 503 and 506)

Introduction

“Intimidation” means “to threaten or to put in fear”. Intimidation simply means to threaten a person with injury.

Section 503 of Indian Penal Code defines Criminal Intimidation as “Whoever threatens another 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”

In Romesh chandra Arora v. State (1960 SC 154), supreme court stated that, This section (503 ) is in two part; the first part refers to the act of threatening another with injury to his person, reputation or property or to the person or reputation of anyone in whom that person is interested; the second part refers to the intent with which threatening is done and it is of teo categories: One is intent to cause alarm to the person threatened and the second is 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.

Ingredients. – Thus, the section has the following essentials divided into two parts-

1. Threatening a person with any injury:

(i) to his person, reputation, or property; or

(ii) to the person, or reputation of anyone in whom that person is interested;

2. Threat must be with intent:

(i) to cause alarm to that person, or,

(ii) to cause the person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat, or

(iii) to cause the person to omit to do any which he is legally entitled to do.

Explanation. —A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration

(a)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.

(b) A, political leader called bandh claiming it to be a fundamental right. It was held there is no such fundamental right, hence it would to criminal Intimidation.

(c) A demand money from B, threatening that if such payment is not made. A will burn B’s Shop. It is criminal Intimidation.

Punishment for Criminal Intimidation-

Section 506 of Indian Penal Code takes about the punishment.

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;

If threat be to cause death or grievous hurt, etc. -And if the threat be 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 1[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.

Section 506 can be bifurcated into two parts;

1. First part provides for imprisonment up to two years to whoever commit offence of criminal Intimidation.

2. Second part provide for imprisonment which may be up to seven years to person who, threaten to

(a) cause death; or

(b) grievous hurt; or

(d) to cause an offence punishable with death or imprisonment for life or imprisonment for seven years; or

(e) to impute unchastity to a women