INTRODUCTION
There must have been multiple situations where you have committed an act you were not legally bound to do. You committed that act just because of a threat given to you by someone that if you didn’t commit the act then harm will be caused to your body, property, or reputation by that person. But did you know that this act of threatening someone is an offence under Section 503? Of the Indian Penal Code? You heard that right. According to this section, if a person threatens another person with damage to his body, property, reputation, or another individual in whom he has a vested interest, that person has committed an offence of criminal intimidation. On the other hand, Section 506 The IPC outlines the punishment for the same offence.
In committing this offence, the accused’s main aim is to commission an illegal act, for his advantage or profit, by forcing the victim to perform it. More of the details about this offence will be learned by us later in the blog. In this blog, we will deal with the essentials of this offence’s commission, provisions regarding the punishment for such an offence, different judgments, etc.
CONCEPT OF CRIMINAL INTIMIDATION
The basic literal meaning of intimidation, according to the Oxford Dictionary, is “the act of frightening or threatening somebody so that they will do what you want”.
Section 503 IPC defines criminal intimidation as an offence in which a person threatens or endangers another person with harm to his reputation, property, or person to coerce the other person to perform the act he is not bound to do by law.
The accused may harm the victim’s property, body reputation, or other members of the family and also may use gestures or words to intimidate the victim.
ESSENTIAL ELEMENTS OF CRIMINAL INTIMIDATION
The following essential elements that are necessary to constitute the offence of criminal intimidation were established in the landmark case of Narendra Kumar & Ors. v. State (2004):
- THE THREAT OF INJURY TO THE VICTIM
As per Section 44 Of the IPC, injury includes any damage illegally induced to any person, in mind, body, reputation, or property.
- INTIMIDATION TO CAUSE BODILY HARM TO ANOTHER
Criminal intimidation also includes any danger or threat which would cause bodily harm to any person. For this Section alone physical damage must be taken into consideration, and emotional or mental trauma will be avoided. Furthermore, the nature of the danger has to be specific and should be communicated to the contrasting party.
- INTIMIDATION TO CAUSE DAMAGE TO HIS REPUTATION
The term ‘reputation’ has been taken in the context of goodwill as it will reduce an individual’s value in society’s eyes. As a result, any danger or effort to cause harm to the goodwill falls under the ambit of criminal intimidation.
- THREATENS TO CAUSE HARM TO HIS PROPERTY
The wealth or property of a person is the result of his hard work and is enormously valuable to that person. Hence, under Section 503, any warning or danger by the virtue of which, significant damage to the person’s property could be caused is also regarded as an offence. The term ‘property’ covers both intangible and physical property. Under the purview of this section, joint-holding properties can also come.
- THREATENING TO INFLICT HARM TO ANY OTHER PERSON OR HIS REPUTATION IN WHICH THE ORIGINAL INDIVIDUAL’S INTEREST IS INVOLVED
This provision has widened the meaning of criminal intimidation. If threats or warnings of threats are intended to harm an individual in whom the accused has a personal interest then it will be constituted as an offence according to this provision. In layman’s language, criminal intimidation refers to any threat or warning given to the victim’s daughter, son, wife, parents, or any other close family member to compel the victim to perform a specific act he is not obligated to perform.
- INTENTION AT THE TIME OF THE THREAT
The threat caused to the victim should be with the intention: –
- Of causing an alarm to the person
- Of compelling the person to perform a specific act that person is not legally bound to prevent the threat from being implemented.
- Of forcing a person to omit the performance of a specific act for which that person is legally bound to do to prevent the threat from being implemented.
In the leading case of criminal intimidation in Romesh Chandra Arora vs. State (1960), the Hon’ble Supreme Court of India concluded in its judgment that criminal intimidation is not only said to be committed when there is an imposition of a threat but also when a mere warning has been caused through that threat to the victim.
- THREATENING TO CAUSE ALARM TO A PERSON
The basic requirement of this provision is that an intention should exist to cause alarm to a person who has been threatened. The terminology ‘alarm’ was established by the Orissa High Court in the case of Amulya Kumar Behera vs. Nabaghana Behera Alias Nabina (1995), in which it was held that the word ‘alarm’ is similar to the words such as ‘fear’ or ‘distress’.
- THREATENING A PERSON TO DO AN ACT THAT HE ISN’T LEGALLY BOUND TO DO
According to this clause of Section 503, if any person threatens another person by using force to make that person do something that he is not bound to do legally, then the person causing the threat will be accused of criminal intimidation.
In Nand Kishore vs. Emperor (1927), a threat was given to a butcher by a group of people that he would be imprisoned if he was found trading beef and it would become tough for him to sustain in the society. Trading of beef was legal at that time. Hence, in its ruling, the Allahabad High Court concluded that this threat would constitute the offence of criminal intimidation.
- THREATENING A PERSON TO MAKE THAT PERSON OMIT THE PERFORMANCE OF THAT ACT WHICH HE IS LEGALLY BOUND TO DO
According to this clause, if anyone willingly and knowingly attempts to threaten or threatens to refrain any other person from performing any act that he is legally obligated to perform, then the person giving the threat will be charged with the offence of criminal intimidation.
PUNISHMENT FOR CRIMINAL INTIMIDATION
The punishments for the offence of criminal intimidation have been covered under Section 506 of the IPC which are as follows: –
- SIMPLE CRIMINAL INTIMIDATION
This Section in its first part provides that if an individual has been convicted of criminal intimidation, the punishment awarded will extend to 2 years of imprisonment, or a fine, or with both. Offences falling under this are non-cognizable, bailable, and compoundable and are triable by any magistrate.
- GRIEVOUS HURT, HURT OR DEATH OF THE PERSON
This Section in its second part provides that if the threat caused by the intimidator results in grievous hurt, hurt or death of the victim then the intimidator will be punished with imprisonment which can extend to 7 years, or a fine, or both. Offences under this part are non-compoundable and can be tried by a first-class magistrate.
- THREAT IS TO IMPUTE CHASTITY TO WOMAN
When a woman is threatened with unchastity by a person, then the punishment that can be awarded can be imprisonment of any kind which can extend to a term of 7 years, or a fine, or with both.
CONCLUSION
The prime goal of the Indian Penal Code is to create a legal framework for the trial of cases and the imposition of punishments to guarantee that, justice is served. It is frequently used to describe various offences known to humanity. The offence of criminal intimidation is also one of the pillars of the Indian Penal Code. It is a preventive punishment in which the offender is punished for intimidating rather than commissioning an offence. Whether or not a crime has been committed, makes no difference.
On the other hand, a mere threat does not establish the offence of criminal intimidation, but it must have been made with the intention of alarming the person threatened. It is irrelevant if the threat has frightened the recipient, but the accused’s purpose in doing so is of greater importance.
Author(s) Name: Pranav Dwivedi (BBD University, Lucknow)
