SECTION 506 IPC - Indian Penal Code - Punishment for criminal intimidation

 

Description of IPC Section 506

According to section 506 of Indian penal code, 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, of 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.

IPC 506 in Simple Words

If someone commits the offense of criminal intimidation, they can be punished with imprisonment for up to two years, a fine, or both; and if the threat involves serious harm, destruction of property by fire, or imputing unchastity to a woman, the punishment can extend to seven years of imprisonment, a fine, or both.

Section 506, Indian Penal Code (“IPC”) prescribes punishment for the offence of ‘criminal intimidation’. The offence of criminal intimidation is defined under Section 503, IPC.

In order to understand Section 506, IPC it is important that we first look at Section 503, IPC.

Section 503: Criminal intimidation

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.

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

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.

The crux of Section 506, IPC lies in our understanding of what constitutes ‘criminal intimidation’ under Section 503, IPC.

WHAT IS ‘CRIMINAL INTIMIDATION’ UNDER SECTION 503, IPC?

The offence of ‘criminal intimidation’ is defined under Section 503, IPC.

Criminal intimidation is closely analogous to extortion. In extortion, the immediate purpose is obtaining money or money’s worth; in criminal intimidation, the immediate purpose is to induce the person threatened to do, or to abstain from doing, something which he was not legally bound to do or to omit.

The essential ingredients that go into the making of an offence under Section 503, IPC are:

1. That the accused must have threatened a person with any injury:

• To his person, reputation or property, or

• To the person, or reputation of anyone in whom that person is interested;

2. That such threat must be with an intent:

• To cause alarm to that person, or,

• To cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat, or

• To cause that person to omit to do any act which he is legally entitled to do as the means of avoiding the execution of such threat.

So as to understand Section 503, IPC better, let us imagine the following –

• 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.

• A, an ex-boyfriend of B, for the purpose of inducing B to not move on and marry a man of her choice, threatens to post their (A & B’s) old, intimate pictures on the internet. Here, B is intimidated/ threatened by A as such an act would injure her reputation. A is guilty of criminal intimidation.

Threat

Threat must be communicated, or uttered with the intention of it being communicated, to the person threatened, for the purpose of influencing his mind.

A statement of intent to ruin the complainant's reputation through a lawsuit is not considered as criminal intimidation, however, if the threat had been to ruin their reputation with false allegations, it would have constituted as an offence of criminal intimidation.

Similarly, demanding a shopkeeper to promise not to sell imported foreign cloth in their shop for a year, along with the threat that their shop will be picketed if they do not comply, constitutes as criminal intimidation.

In a case where the petitioners claimed that the right to call for a "bandh" (closure of shops and establishments) was a fundamental right, the Supreme Court ruled that calling for a bandh or hartal would be considered as criminal intimidation if it is accompanied by a threat of harm to a person or property, which is punishable under sections 503 and 506 of the Indian Penal Code.

WHAT IS ‘PUNISHMENT FOR CRIMINAL INTIMIDATION’ UNDER SECTION 506?

Section 506, IPC is the penal provision for the offence of ‘criminal intimidation’ that has been defined under Section 503, IPC.

The punishment under this section falls under the following three categories, viz.:–

1. In a simple case of criminal intimidation – 2 years, fine, or both.

2. If the threat be to cause an offence punishable with death, or imprisonment for life, or imprisonment for a term up to 7 years – 7 years, or fine, or both.

3. If the threat be to cause the death of the threatened person, or grievous hurt, or destruction of any property by fire – 7 years, or fine, or both.

4. If the threat is to impute unchastity to a woman – 7 years, or fine, or both.

ARE THERE OTHER VERSIONS OF THE OFFENCE OF CRIMINAL INTIMIDATION?

There is a penal provision in the IPC which comprise the aggravated version of the simple offence of ‘criminal intimidation’ under Section 503, IPC i.e., this is an offensive, penal situation which borrows its fundamental criminality from Section 503, IPC and builds upon its intensity.

In other words, the base, essential crime is that of ‘criminal intimidation’ (under Section 503, IPC) which is made further worse by the attendant circumstances that are captured under its aggravated version, which is:

507, IPC – Criminal intimidation by an anonymous communication

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 by the last preceding section.

WHAT IS THE PROCEDURE FOR TRIAL UNDER SECTION 506, IPC?

In India, the mechanism for criminal justice delivery assumes shape of a criminal trial which is governed by the Code of Criminal Procedure, 1973 (‘CrPC’).

The trial under Section 506, IPC takes a journey similar to the trials conducted for other criminal offences. Broadly, the procedure for a trial takes the steps - as have been enumerated below, beginning from the filing of an FIR to the final verdict by the court:

1. Investigation - FIR, Arrest, Remand and Bail

i. First Information Report (FIR) - Criminal procedure is set into motion with the filing of an FIR or First Information Report by the victim or an aggrieved person. This marks the beginning of investigation by police into the case.

ii. Arrest - FIR is soon followed by the arrest of the accused person (person who has allegedly committed the offence) by the police and his subsequent production before the Magistrate. Such production must be made within 24 hours of the arrest of the accused person.

iii. Remand/ Custody - At the time of such production if the investigating officer believes that the investigation cannot be completed within 24 hours i.e., the police need more time with the accused for the purpose of interrogation etc., the officer will file an application before the same Magistrate seeking an extension in custody of the accused. Now, depending on the discretion of the Magistrate, such detention may be authorised in police custody (lock-up) or in judicial custody (jail).

However, it is to be noted that a Magistrate cannot authorise detention of an accused in police custody for a period exceeding the initial 15 days (from the date of the production of the accused before the Magistrate).

On the other hand, a Magistrate under Section 167 (2)(a), CrPC may authorize the detention of the accused in judicial custody beyond the period of initial fifteen days, if he is satisfied that adequate grounds exist for doing so. However, no magistrate shall authorize custody for more than -

• Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term not less than ten years;

• Sixty days, where the investigation relates to any other offence.

iv. Bail - If upon the expiry of 60 or 90 days, as the case may be, the police is unable to complete the investigation and file a chargesheet (as corresponds to the offence) with the Magistrate, the accused is entitled to default bail i.e., such bail is compulsorily granted to the accused provided he applies for and furnishes bail.

However, during the 60- or 90-day period, as the case may be, while the accused is still under custody of the police or otherwise, he may keep pushing for the grant of regular bail under Section 437 or 439, CrPC by the Magistrate or the High Court/Court of Sessions, respectively.