IPC 506 (now BNS 351): criminal intimidationधारा 506 IPC (अब BNS 351): आपराधिक अभित्रास

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. 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. 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. 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.

What happens, and how long each part takes

1. Information at the police stationthe day you report it

   Under the central classification, 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. In Uttar Pradesh, where 351(2) is cognizable, an FIR is registered under s. 173 instead.

2. Complaint to the Magistrateordinarily within 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)).

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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, and the three-year period is subject to ss. 515–519. This timeline follows the central non-cognizable classification; in Uttar Pradesh a 351(2) case starts with an FIR. If the same facts also disclose a cognizable offence, the case is cognizable throughout and starts with an FIR instead (s. 174(4)).