SECTION 506 IPC - Indian Penal Code - Punishment for criminal intimidation
Advocate Suman Singh
Understanding IPC Section 506: Criminal Intimidation
Learn about IPC Section 506, which addresses criminal intimidation. Explore legal insights and remedies to protect yourself or navigate your case with the help of experienced lawyers at LawRato.
What Does IPC Section 506 State?
Punishment for Criminal Intimidation: Whoever commits the offence of criminal intimidation shall be punished with imprisonment of up to two years, a fine, or both.
Aggravated Threats: If the threat involves causing death, grievous harm, destruction of property by fire, or imputing unchastity to a woman, the punishment may extend to seven years of imprisonment, a fine, or both.
IPC 506 in Simple Terms
Criminal intimidation involves threatening another person with harm to their body, property, or reputation to cause alarm or coerce them into action. It ensures legal consequences for intimidation tactics, promoting individual safety.
Important Case: In the 2023 case of Mohammad Wajid vs State of UP, the Supreme Court clarified that proving an intent to cause alarm is necessary to establish an offence under IPC 506.
Offence and Punishment Summary
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Criminal Intimidation | 2 Years or Fine or Both | Non-Cognizable | Bailable | Any Magistrate |
| Aggravated Threats | 7 Years or Fine or Both | Non-Cognizable | Bailable | Magistrate First Class |
Criminal Intimidation Under IPC Section 503
Definition: Criminal intimidation involves threatening someone with harm to their person, property, or reputation to alarm them or coerce their actions. It may also include threats against someone they care about.
Examples:
- A threatens B with burning B’s house to stop B from filing a lawsuit. A is guilty of criminal intimidation.
- A threatens to leak intimate photos of B to prevent her from marrying someone else. This is also criminal intimidation.
Key Legal Cases
- Ruchi Agarwal vs Amit Kumar Agrawal and Ors
- K. M. Nanavati vs State Of Maharashtra
- State Of Orissa vs Debendra Nath Padhi
- State Of Maharashtra And Another vs Madhukar Narayan Mardikar
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Threat and Criminal Intimidation
The communication or utterance of a threat must be made with the intention of influencing the mind of the person being threatened. For instance:
- Expressing an intention to sue someone without the intention of communicating it to the person does not amount to criminal intimidation.
- Making false allegations to ruin someone's reputation qualifies as criminal intimidation.
- Coercing a shopkeeper to agree not to sell imported goods under threat of picketing constitutes criminal intimidation.
- Calling for a "bandh" (closure of shops) with threats of harm to people or property may be deemed criminal intimidation under Sections 503 and 506 of the IPC.
Punishment for Criminal Intimidation (Section 506, IPC)
Section 506 of the IPC provides the following punishments for criminal intimidation:
- Simple Criminal Intimidation: Imprisonment of up to 2 years, fine, or both.
- Severe Threats: If the threat involves an offense punishable with death, life imprisonment, or imprisonment up to 7 years, the punishment is up to 7 years of imprisonment, fine, or both.
- Threats of Death, Grievous Hurt, or Arson: If the threat involves causing death, grievous hurt, or destruction of property by fire, the punishment is up to 7 years of imprisonment, fine, or both.
Aggravated Forms of Criminal Intimidation
Aggravated versions of criminal intimidation include:
- Section 507, IPC: Criminal intimidation through anonymous communication. If the offender conceals their identity, an additional term of imprisonment up to 2 years may be added to the penalty under Section 506.
Trial Procedure under Section 506, IPC
The trial process for criminal intimidation follows the procedures outlined in the Code of Criminal Procedure, 1973:
- Investigation: Filing of an FIR, arrest of the accused, remand/custody, and granting bail as applicable.
- Filing of Final Report: After completing the investigation, the police file a final report, which can either be:
- Closure Report: If insufficient evidence is found, the case may not proceed further.
- Charge Sheet: If sufficient evidence is found, the case proceeds to trial.
- Trial: The magistrate takes cognizance of the offense, issues summons to the accused, and the case is adjudicated in court.
For further legal guidance, consult with an expert lawyer to address specific concerns related to IPC Sections 503 and 506.
Charge Sheet
If the evidence collected against the accused is sufficient to support prosecution and justifies continued detention, the police will file a charge sheet under Section 173, CrPC, and forward the accused to the Magistrate under Section 170, CrPC.
A charge sheet is a formal record with particulars like names of involved parties, accusations, list of witnesses, statements under Section 161, CrPC, seized objects, and documentary evidence.
Once the Magistrate takes cognizance of the charge sheet, summons or warrants are issued to secure the accused's attendance. A hearing is conducted to either discharge the accused or frame charges for trial.
Plea of Guilty or Not Guilty by the Accused
After charges are formally framed, they are read and explained to the accused. The accused then pleads guilty or not guilty:
- If guilty, the Magistrate records the plea and may convict the accused.
- If not guilty, the case proceeds to trial.
Evidence for Prosecution
On the prosecution evidence day, the Court invites the prosecution to present evidence to prove guilt beyond reasonable doubt. Witnesses are summoned, examined, and cross-examined if needed.
Statement of the Accused
After prosecution evidence concludes, the accused explains circumstances in evidence under Section 313, CrPC. This statement isn't under oath but may be used later in the trial.
Evidence for Defence
The accused is not obligated to present evidence, as the prosecution bears the burden of proof. If the accused chooses to provide evidence, it serves to weaken the prosecution's case.
Final Arguments
Under Section 314, CrPC, both parties present final arguments, first by the prosecution and then by the defence. These arguments help the judge decide the case.
Judgment
Based on the evidence, arguments, and circumstances, the judge issues a judgment to convict or acquit the accused. Sentences are determined by considering factors like age, background, and severity of the crime.
Procedure for Appeal Under Section 506, IPC
Appeals are governed by CrPC and relevant statutes. Only certain circumstances allow appeals, such as wrongful conviction or inadequate compensation. Appeals may be made to Sessions Courts, High Courts, or the Supreme Court.
Important Judgments for Criminal Intimidation
- Vikram Johar vs State of Uttar Pradesh (2019): Mere abuse in filthy language does not constitute criminal intimidation.
- Shri Padma Mohan Jamatia vs Smt. Jharna Das Baidya (2019): Abusive words and gestures in political speeches do not amount to criminal intimidation.
- Manik Taneja vs State of Karnataka (2015): Posting critical comments on social media may not be considered criminal intimidation.
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