BNS Section 351 (IPC 506): criminal intimidation

The number IPC 503, 506 and 507 have now, what makes a threat an offence, which threats carry seven years, and why the police send you to a Magistrate.

Quick answer

Section 351 of the Bharatiya Nyaya Sanhita is criminal intimidation, and replaced IPC sections 503, 506 and 507 for offences on or after 1 July 2024. IPC 506 is now 351(2) and 351(3): up to two years, or up to seven where the threat is of death, grievous hurt or the other graver harms listed. An anonymous threat adds up to two years under 351(4). Every form is non-cognizable and bailable, so the police refer the complainant to a Magistrate.

Punishes threatening someone with injury to their person, reputation or property — or to someone they care about — to alarm them or to make them act against their legal rights.

Now
BNS 351 — Criminal intimidation
Was
IPC 503 / 506 / 507
Punishment
Up to 2 years, or fine, or both; up to 7 years for threats of death, grievous hurt and the other harms in 351(3); up to 2 years more if anonymous
Arrest without warrant
Non-cognizable
Bail
Bailable
Compounding
Depends on the sub-section — see below
Tried by
Any Magistrate / Magistrate of the first class

Read this first: Non-cognizable: the police record what you report and refer you to a Magistrate, and cannot investigate without the Magistrate’s order (BNSS s. 174). Only 351(2) and 351(3) can be compounded.

The number it had, and the number it has
Repealed — Indian Penal Code, 1860
IPC 503 / 506 / 507
Criminal intimidation.
In force — Bharatiya Nyaya Sanhita, 2023
BNS 351(1)
Criminal intimidation.
Merged

Several provisions of the Indian Penal Code were folded into one section of the Bharatiya Nyaya Sanhita, landing in its sub-sections. So the new number alone is not the answer — the sub-section is.

How this provision was renumbered
IPC 503becomes BNS 351(1)merged
IPC 506becomes BNS 351(2), 351(3)merged
IPC 507becomes BNS 351(4)merged

Key takeaways

  • IPC 503 became 351(1), IPC 506 became 351(2) and 351(3), and IPC 507 became 351(4); all four now sit in one section.
  • A threat of death, grievous hurt, arson, a serious offence, or of imputing unchastity to a woman moves the maximum from two years to seven (s. 351(3)).
  • Non-cognizable means the police record the information and refer you to the Magistrate; they cannot investigate without the Magistrate’s order (BNSS s. 174).
  • The person intimidated can settle a case under 351(2) or 351(3) without the court’s permission; 351(4) is not compoundable at all (BNSS s. 359).
  • If the same facts also disclose a cognizable offence, such as extortion, the whole case is treated as cognizable (BNSS s. 174(4)).

What BNS 351 actually requires

Every part below has to be present. This is not a list of factors to be weighed — if one element is missing, the offence is not made out at all, however bad the conduct looks.

  1. A threat, by any means

    The accused threatened another person. Section 351(1) says “by any means” and names no particular medium.

    and
  2. Of injury to person, reputation or property

    Injury to the person threatened, or to the person or reputation of someone they are interested in — including the reputation of someone who has died (Explanation). “Injury” is any harm illegally caused, in body, mind, reputation or property (s. 2(14)).

    and
  3. With one of the intents the section names

    To cause alarm to that person; or to make them do something they are not legally bound to do, or stop doing something they are legally entitled to do, as the way to avoid the threat being carried out.

Section 351(1) defines the offence; sub-sections (2) to (4) punish it. The Act’s own illustration: A threatens to burn B’s house to make B stop pursuing a civil suit — criminal intimidation.

Which sub-section? Two questions, asked separately
Question 1 — what was threatened?

A threat to cause:

  • death or grievous hurt
  • destroying property by fire
  • an offence punishable with death, life, or up to seven years
  • imputing unchastity to a woman

Yes351(3) — up to 7 years, or fine, or both

No351(2) — up to 2 years, or fine, or both

Question 2 — how was it made?

By an anonymous communication, or with precautions taken to conceal the name or abode of the person the threat comes from.

Yes351(4) as well — up to 2 years more

NoNothing is added

From section 351(2) to (4) as enacted. Sub-section (4) is punishable “in addition to the punishment provided for the offence under sub-section (1)”; sub-section (1) defines the offence, and (2) and (3) punish it.

Is BNS 351 bailable, cognizable and compoundable?

Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.

Classification of BNS 351, row by row
ProvisionArrestBailCompoundingTried by
351(2)Non-cognizableBailableCompoundableAny Magistrate
351(3)Non-cognizableBailableCompoundableMagistrate of the first class
351(4)Non-cognizableBailableNot compoundableMagistrate of the first class

What these labels mean

  • Arrest
    Non-cognizable

    The police may not investigate, and may not arrest, without an order from a Magistrate. In practice you go to the Magistrate rather than only to the police station, and an officer who says there is nothing they can do is describing the law correctly rather than refusing you.

  • Bail
    Bailable

    Bail is a right, not a request. The officer in charge or the court must release you on bail once you offer it — there is no discretion to refuse.

  • Compounding
    Compoundable

    May be compounded by the person intimidated. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).

  • Compounding
    Not compoundable

    The complainant cannot end the case by settling it. BNSS s. 359 lists every offence that may be compounded and this one is not on either list, so only the court can end the case.

  • Tried by
    Any Magistrate

    Triable by any Magistrate, which in practice means the Judicial Magistrate the case is allotted to locally.

  • Tried by
    Magistrate of the first class

    Tried by a Judicial Magistrate of the first class, whose sentencing power is capped, so the charge is expected to stay within that cap.

Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 216), and section 359 for compounding.

The three sub-sections: same labels, different consequences

The cards above give one compounding answer for the whole section. It holds for 351(2) and 351(3) only: BNSS s. 359 lists those two, and s. 359(9) allows nothing else — so an anonymous threat under 351(4) cannot be compounded.

BNS 351 sub-sections compared
Sub-sectionMaximumTried byCompoundableSummary trialTime to complain
351(2)Up to 2 years, or fine, or bothAny MagistrateYes — by the person intimidatedYes3 years
351(3)Up to 7 years, or fine, or bothMagistrate of the first classYes — by the person intimidatedYesNo s. 514 bar
351(4)Up to 2 years, in additionMagistrate of the first classNo — on neither tableNot listed in s. 283(1)Not stated here

First Schedule to the BNSS, printed page 216, as enacted by Parliament; State amendments are not covered. Compounding s. 359(1); summary trial s. 283(1)(v); time s. 514(2)(c). The 351(4) punishment is expressed as an addition, so no period is stated for it.

Punishment under BNS 351, against the offences around it

Imprisonment under section 351 may be of either description — rigorous or simple (BNS s. 4(c)). Under 351(2) and 351(3) a court may impose fine instead of imprisonment, or both; 351(4) mentions only the additional imprisonment. No sub-section sets a minimum. One mismatch is worth knowing: 351(3) carries up to seven years but is tried by a Magistrate of the first class, who may pass no more than three (BNSS s. 23(2)). A Magistrate who thinks a heavier sentence is deserved records that opinion and sends the case to the Chief Judicial Magistrate (s. 364). In a summary trial the ceiling is three months (s. 285(2)).

Maximum imprisonment: criminal intimidation and the offences next to it
  • BNS 351(3) — threat of death, grievous hurt and the restthis pageup to 7 years
  • BNS 308(2) — extortionup to 7 years
  • BNS 351(2) — criminal intimidationthis pageup to 2 years
  • BNS 351(4) — anonymous threatthis pageup to 2 years more
  • BNS 308(3) — putting in fear of injury to commit extortionup to 2 years
  • BNS 352 — insult to provoke a breach of the peaceup to 2 years
  • BNS 115(2) — voluntarily causing hurtup to 1 year

From the section text. The 351(4) bar is additional time on top of the punishment for criminal intimidation, not a stand-alone maximum. A maximum is a ceiling, not what a court awards.

What happens, and how long each part takes

  1. Information at the police stationthe day you report it

    The officer enters the substance in the station’s book and refers you to the Magistrate (BNSS s. 174(1)). This is not an FIR.

  2. Complaint to the Magistratewithin 3 years for 351(2)

    Oral or written. You and any witnesses present are examined on oath, and the accused must be given a chance to be heard before cognizance (ss. 223(1), 514(2)(c)).

  3. From here it is not yours to control

    Everything below happens on the investigating agency’s timetable and the court’s, not yours. You can follow it and you can be heard in it; you cannot set its pace.

    Inquiry or investigation, if orderedas the Magistrate directs

    The Magistrate may inquire, or order the police to investigate; the police still cannot arrest without a warrant (ss. 174(3), 225). The complaint is dismissed, with reasons, if there is no sufficient ground (s. 226).

  4. Summons to the accusedafter the witness list is filed

    351(2) is a summons-case; 351(3) is a warrant-case, where a warrant or a summons may issue. A written complaint’s copy goes with it (ss. 2(1)(x), (z), 227).

  5. Trialno fixed period in the BNSS

    351(2) and 351(3) may be tried summarily (s. 283(1)(v)). The case can end earlier by compounding, for those two sub-sections only (s. 359).

The time limits are the BNSS’s own. If the same facts also disclose a cognizable offence, the case is cognizable throughout and starts with an FIR instead (s. 174(4)).

Can the police register a case for a threat? What non-cognizable means here

Criminal intimidation is non-cognizable in every form, so section 174 of the BNSS, not section 173, governs what happens at the police station. The officer must record the substance of what you say and refer you to the Magistrate. That is the law working as written, not a refusal.

The position changes if the same facts disclose a cognizable offence. A threat used to make someone hand over money or property is extortion under BNS 308, and every extortion row in the First Schedule is cognizable (printed pages 207–208). Where one offence in a case is cognizable, the whole case is (s. 174(4)).

What the police may do with a report of criminal intimidation
StepAllowed?Where the Act says so
Record the substance of the information in the station’s bookYes — they mustBNSS s. 174(1)
Refer the informant to the MagistrateYes — they musts. 174(1)(i)
Send the Magistrate a fortnightly diary report of such casesYes — they musts. 174(1)(ii)
Investigate on their ownNos. 174(2)
Investigate once a Magistrate orders itYes, with a cognizable-case officer’s powerss. 174(3)
Arrest without a warrant, even under such an orderNoss. 35(2), 174(3)
Treat the case as cognizable if a cognizable offence is also disclosedYess. 174(4)

The Magistrate can also be approached directly by complaint, without going to the police first (BNSS ss. 2(1)(h), 210(1)(a)).

If you have been threatened: making the complaint

A complaint is any allegation, oral or in writing, made to a Magistrate so that they act (BNSS s. 2(1)(h)). The Magistrate examines you and any witnesses present on oath and records it (s. 223(1)), and may inquire, or direct the police to investigate, before deciding whether to proceed (s. 225).

Time matters for the basic offence. A complaint under 351(2) must be filed within three years of the offence, and the filing date is the one that counts (s. 514(2)(c) and Explanation); for an anonymous threat, time can run from the day the sender’s identity becomes known (s. 515(1)(c)). Section 514 sets no bar for 351(3).

Once summons issue, attend. In a case tried as a summons-case, which includes any summary trial, a complainant who does not appear may see the accused acquitted after thirty days’ time, unless an advocate appears or attendance is excused (ss. 279, 285(1)). Threats by phone or online are still section 351; the IT Act offences and online reporting are on the IT Act and cyber pages linked below.

If you have been accused: the procedure and your rights

Criminal intimidation is non-cognizable, so no one may be arrested for it except under a Magistrate’s warrant or order (BNSS s. 35(2)). It is bailable: a person arrested or brought before a court who offers bail must be released, and a person unable to give a bail bond within a week may be presumed indigent and discharged on a bond without surety (s. 478(1)).

On a complaint, the Magistrate may not take cognizance without giving the accused an opportunity of being heard (s. 223(1), first proviso). A summons comes with a copy of a written complaint (s. 227(3)), and the Magistrate may allow appearance through an advocate (s. 228).

A case under 351(2) or 351(3) may be tried summarily, where no sentence above three months can be passed (ss. 283(1)(v), 285(2)). Free legal aid is set out at the end of this page.

More questions about this page

What is IPC 506 in BNS?
Section 506 of the Indian Penal Code became section 351(2) and 351(3) of the Bharatiya Nyaya Sanhita. Sub-section (2) punishes criminal intimidation with up to two years, or fine, or both; sub-section (3) raises the maximum to seven years for threats of death, grievous hurt and the other harms it lists. The definition, once IPC 503, is now 351(1). Offences before 1 July 2024 stay under the IPC.
Is BNS 351 cognizable or non-cognizable, and can police file an FIR?
All three rows of section 351 are non-cognizable and bailable in the BNSS First Schedule. The police record the substance of the information and refer the informant to the Magistrate, and cannot investigate without the Magistrate’s order (BNSS s. 174). If the same facts also disclose a cognizable offence, such as extortion, the whole case is treated as cognizable and follows the ordinary FIR route.
What is the punishment for threatening to kill someone under BNS?
A threat to cause death falls under section 351(3), punishable with imprisonment of either description up to seven years, or fine, or both. The same maximum applies to threats of grievous hurt, destroying property by fire, committing an offence punishable with death, life or up to seven years, or imputing unchastity to a woman. The case is tried by a Magistrate of the first class.
Can a criminal intimidation case be settled by compromise?
Under 351(2) and 351(3), yes: the person intimidated may compound the offence without the court’s permission, and a composition has the effect of an acquittal (BNSS s. 359(1), (8)). An anonymous threat under 351(4) is on neither table of section 359, and section 359(9) forbids compounding anything not listed, so that part cannot be settled. A previous conviction attracting enhanced punishment also bars compounding.
What is IPC 507 in BNS, and what is the punishment for an anonymous threat?
IPC 507 is now section 351(4). It applies where criminal intimidation is made by an anonymous communication, or where the sender took precautions to conceal their name or abode. It carries imprisonment of up to two years in addition to the punishment for criminal intimidation itself. It is non-cognizable and bailable, tried by a Magistrate of the first class, and not compoundable.
Does BNS 351 cover threats made on WhatsApp, by phone or online?
Section 351(1) covers whoever threatens another “by any means”, and names no medium, so the section does not turn on how a threat was delivered. What matters is the threat, the injury threatened and the intent. Whether particular messages meet that test is decided on the facts. Offences under the Information Technology Act are separate and covered on the IT Act page.

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