Section 351 of the Bharatiya Nyaya Sanhita (BNS), enacted in 2023, addresses the issue of criminal intimidation in India. This section outlines the legal framework for dealing with threats made against individuals regarding their person, reputation, or property. The law aims to protect individuals from coercive actions that seek to manipulate them into unlawful behavior or to prevent them from exercising their legal rights.
Key Provisions
- Definition of Criminal Intimidation:
- Threats: The section defines criminal intimidation as any act where a person threatens another with injury to their person, reputation, or property, or to someone whose reputation the threatened individual values. This includes threats aimed at inducing fear or causing the victim to act against their legal obligations or refrain from actions they are entitled to perform.
- Intent: The perpetrator must intend to cause alarm or fear in the victim for the act to qualify as criminal intimidation.
- Illustrative Example:
- If A threatens B that they will burn down B’s house unless B withdraws from a civil lawsuit, A is committing criminal intimidation under this section.
- Punishment:
- Individuals found guilty of criminal intimidation can face imprisonment for a term that may extend up to two years, a fine, or both.
- Bail and Cognizability:
- The offense under Section 351 is classified as bailable, meaning that those accused can secure bail while awaiting trial. It is also categorized as non-cognizable, indicating that police cannot arrest without a warrant and must seek permission from a magistrate.
- Compoundability:
- The offense is considered compoundable, allowing parties involved to settle the matter out of court if they choose to do so.
Broader Implications
The enactment of Section 351 BNS reflects a commitment to safeguarding personal rights and freedoms against coercive threats. By clearly defining criminal intimidation and its consequences, the law aims to foster an environment where individuals can pursue their legal rights without fear of retribution or manipulation. This section not only addresses direct threats but also extends protections concerning reputational harm, including threats directed at deceased individuals if the threatened party has an interest in that reputation
16.In summary, Section 351 of the Bharatiya Nyaya Sanhita serves as a crucial legal instrument against the misuse of threats, reinforcing the importance of personal security in legal and social contexts.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
