Section 506: Punishment for Criminal Intimidation in IPC

Section 506 of the Indian Penal Code (IPC) establishes the punishment for the act of ”criminal intimidation.” The definition of criminal intimidation is provided in Section 503 of the IPC. It is crucial to examine Section 503 of the IPC to comprehend Section 506 IPC.

What is Criminal Intimidation?

Criminal intimidation refers to threatening another person with harm to their person, reputation, or property, or to the person or reputation of someone they care about. 

The intention behind such threats is to cause fear or alarm in the targeted person to compel them to perform an act they are not legally obligated to do or to refrain from doing an act they are legally entitled to do.

Criminal intimidation under Section 503

Section 506 of the Indian Penal Code (IPC) defines the offence of criminal intimidation as follows: 

“Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone 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.”

Essentials of Section 503 IPC, 1860

A threat under the Indian Penal Code (IPC) does not necessarily need to be direct. It can still be considered criminal intimidation even if a third party makes the threat publicly or publicly. However, it is important to note that the threat must be real. If the person making the threat is incapable of carrying it out, they cannot be held guilty of the offence of criminal intimidation under Section 503 of the IPC.

To meet the requirements of Section 503 of the IPC, the following conditions must be present:

• The threat must be made to cause bodily injury to a person.
• The threat must be made to harm a person’sperson’s reputation or property.
• The intention behind the threat must be to cause harm.
• The act of intimidation should be aimed at causing alarm to the person.
• The person being threatened must be compelled to do something they are not legally obligated to do or to refrain from doing something they are legally entitled to do to avoid the harm threatened.

All these elements must be present together for the offence to be complete. If any of them is absent, it may negate the charge against the accused. The threat can be communicated orally, in writing, or through gestures. Therefore, even displaying provocative gestures can be considered intimidating behaviour. Additionally, a threat to harm the reputation of a deceased person in whom the person threatened has an interest is also covered under Section 503 of the IPC.

Which section of the IPC Provides Punishment for Criminal Intimidation?

Section 506 of the Indian Penal Code (IPC) provides the punishment for the offence of criminal intimidation.

Section 506: Punishment for Criminal Intimidation

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 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.

Explaining in simple words:

The punishment for criminal intimidation ranges from imprisonment up to two years, a fine, or both, with more severe penalties for certain aggravated circumstances.

If the threat does not involve causing death or grievous hurt, destruction of property by fire, or offences punishable with death or life imprisonment, the punishment can be:

• Imprisonment of either description for a term that may extend to two years, or
• Fine, or
• Both imprisonment and fine.

Suppose the threat involves causing death or grievous hurt. In that case, destruction of property by fire, or offences punishable with death or life imprisonment, or imputing unchastity to a woman, the punishment can be:

• Imprisonment of either description for a term that may extend to seven years, or
• Fine, or
• Both imprisonment and fine.

Section 506 Punishment: Landmark Case

In the case of Shrikrushna S/o Babulaji Tawari v. the State of Maharashtra (2020), the applicant was convicted for offences punishable under Sections 354, 509, and 506 of the Indian Penal Code (IPC), 1860.

The complainant, Mrs. ‘S’, alleged that the applicant approached her while she was washing utensils and tried to give her a chit, which she refused to accept. Subsequently, the applicant threw the chit at her, muttering that he loved her. The next day, he gesticulated obscenely towards her and warned her not to disclose the contents of the chit. Mrs. ‘S’ also mentioned previous incidents where the applicant would flirt with her and throw small pebbles at her.

Based on the evidence, including the chits and other materials, the Magistrate and the Appellate Court found the applicant guilty of offences under Sections 354 (assault or criminal force to a woman with intent to outrage her modesty), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman) of the IPC.

However, the Nagpur Bench of the Bombay High Court held that the conviction under Section 506 of the IPC was unsustainable. The court noted that the evidence did not establish a clear threat causing alarm to Mrs. ‘S’. The nature of the threat, the words used, and whether Mrs. ‘S’ was genuinely alarmed remained open to speculation. Therefore, the court deemed the conviction under Section 506 of the IPC as invalid.

Conclusion

Criminal intimidation refers to threatening someone with harm to induce fear or compel them to act against their will. The offence of criminal intimidation can result in imprisonment for a maximum of two years, imposition of a fine, or both, with more severe consequences for aggravated instances.