BNS Sec.351,352: New Criminal intimidation and insult to provoke breach of peace
CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
Section 351 : Criminal intimidation.
(1) Whoever threatens another by any means, 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.
Illustration.
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.
(2) 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.
(3) Whoever commits the offence of criminal intimidation by threatening 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.
(4) 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 under sub-section (1).
Explanation of Section 351 : Criminal intimidation.
Criminal intimidation is when a person threatens another with harm to their person, reputation, or property or the reputation or well-being of someone close to them. The purpose of the threat is to instill fear in the victim, compelling them to act in a way they are not legally required to or to stop doing something they are legally entitled to do.
Ingredients of Section 351 : Criminal intimidation.
To constitute criminal intimidation, the following ingredients must be met:
1. Threat : The accused must threaten another person by any means, such as verbally, through writing, or electronically.
2. Injury : The threat must involve injury to the person, their reputation, property, or someone close to them (including deceased persons).
3. Intention : The intention behind the threat must be to cause alarm or force the victim to do something illegal or stop doing something lawful.
4. Execution : The victim must feel that the only way to avoid the threatened harm is to comply with the intimidator’s demands.
Punishment for Section 351 : Criminal intimidation.
- Basic criminal intimidation : Punishable with imprisonment up to 2 years, or with a fine, or both.
- Aggravated criminal intimidation: If the threat involves death, grievous hurt, destruction by fire, or imputation of unchastity to a woman, punishment can extend up to 7 years, with a fine, or both.
- Anonymous criminal intimidation: If the intimidator remains anonymous or conceals their identity, an additional punishment of imprisonment up to 2 years applies.
Section 352: Intentional insult with intent to provoke breach of peace.
352. Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation of Section 352: Intentional Insult to Provoke Breach of Peace BNS
Section 352 covers situations where a person intentionally insults another with the knowledge or intention that the insult will provoke the victim into disturbing the public peace or committing another offence.
Ingredients of Section 352: Intentional Insult to Provoke Breach of Peace BNS
1. Insult : There must be an intentional insult or provocation by the accused.
2. Provocation : The insult must be such that it is likely to provoke the victim into breaking public peace or committing an offence.
3. Knowledge or Intention : The accused must either intend or know that their insult would provoke such a reaction.
Punishment for Intentional Insult (Section 352, BNS 2023)
The punishment for intentional insult with intent to provoke breach of peace is imprisonment for up to 2 years, or with a fine, or both.
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Comparison of Sec. 351,352 with IPC Sections 503, 504, and 506
Criminal Intimidation (Section 351, BNS 2023) vs. Section 503 IPC :
Both sections define criminal intimidation similarly, but under BNS, there is additional clarity regarding anonymous threats.
– Intentional Insult (Section 352, BNS 2023) vs. Section 504 IPC :
Both sections deal with insulting another person with the intent to provoke a breach of peace. The main difference lies in the updated terminology and definitions under BNS 2023.
– Punishments : The punishments under Section 506 IPC (related to aggravated criminal intimidation) are quite similar to Section 351 of BNS, with imprisonment ranging up to 7 years for more serious threats.
Particulars of the offences : Sec. 351,352
| Offence | Cognizable | Bailable | Compoundable | Triable by |
|---|---|---|---|---|
| Criminal Intimidation (Section 351) | Yes (In aggravated cases, police can arrest without a warrant) | Basic Intimidation: Bailable Aggravated Intimidation: Non-bailable | Compoundable in certain cases, depending on the nature of the threat | Magistrate |
| Intentional Insult (Section 352) | Yes | Bailable | Compoundable | Magistrate |
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FAQs on Sections 351 and 352 of BNS 2023
1. What is criminal intimidation under Section 351?
Criminal intimidation involves threatening someone with harm to their person, reputation, or property to alarm them or force them to act against their will.
2. What is the maximum punishment for aggravated criminal intimidation?
The maximum punishment for aggravated criminal intimidation (where there is a threat of death, grievous hurt, etc.) is 7 years of imprisonment.
3. Is an anonymous threat more serious under Section 351 of BNS?
Yes, if the threat is anonymous, it attracts additional punishment of up to 2 years of imprisonment.
4. What is the punishment for intentional insult with intent to provoke breach of peace under Section 352?
The punishment is imprisonment up to 2 years, or with a fine, or both.
5. Are criminal intimidation and intentional insult bailable offences?
Basic criminal intimidation and intentional insult are bailable offences. However, aggravated criminal intimidation is non-bailable.
6. What is the difference between criminal intimidation and intentional insult?
Criminal intimidation involves threats aimed at causing fear and forcing action, while intentional insult involves provoking someone to breach public peace through insulting behavior.
7. What is Section 351 of the BNS?
Section 351 of the Bharatiya Nyaya Sanhita (BNS) defines criminal intimidation as threatening someone with harm to their person, reputation, or property to cause fear or force them to act against their will.
8. What is the punishment for criminal intimidation in BNS Section 351?
The punishment for criminal intimidation is imprisonment up to 2 years, or a fine, or both. For aggravated cases (e.g., threat of death or grievous hurt), the punishment can extend up to 7 years.
9. Is Section 351 BNS bailable or non-bailable?
Basic criminal intimidation under Section 351 is bailable, but aggravated criminal intimidation (threat of death, grievous hurt, etc.) is non-bailable.
10. What is Section 352 of the BNS?
Section 352 of the Bharatiya Nyaya Sanhita (BNS) deals with intentional insult with the intent to provoke a breach of peace, which occurs when someone insults another, intending to provoke them to disturb public peace.
Disclaimer:
The information provided in this article about Section 109 of the Bharatiya Nyaya Sanhita (BNS) 2023 is for educational and informational purposes only. While we strive to ensure accuracy, the content should not be considered as legal advice or a substitute for professional legal consultation. Laws are subject to amendments, and interpretations may vary based on judicial rulings. Readers are advised to consult a qualified legal professional for advice specific to their case or jurisdiction. The author and the website do not assume any responsibility for errors or omissions, or for any actions taken based on the content of this article.