Bharatiya Nyaya Sanhita, 2023
BNS Section 351
Criminal intimidation
In one line
BNS Section 351 deals with criminal intimidation and replaces IPC 503 (now 351(1)), IPC 506 (now 351(2)/(3)), IPC 507 (now 351(4)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 351(2) | Criminal intimidation. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 351(3) | If threat be to cause death or grievous hurt, etc. | Imprisonment for 7 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 351(4) | Criminal intimidation by anonymous communication or having taken precaution to conceal whence the threat comes. | Imprisonment for 2 years, in addition to the punishment under section 351(1). | Non-cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 351
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).
What changed from the IPC
- IPC 503 → BNS 351(1): IPC section is included as a sub-section in BNS.
- IPC 503 → BNS 351(1): "by any means" is added.
- IPC 506 → BNS 351(2)/(3): IPC Section is included as a sub-section in BNS sans heading.
- IPC 507 → BNS 351(4): IPC Section is included as a sub-section in BNS sans heading.
Frequently asked
What was BNS Section 351 in the IPC?
BNS Section 351 (Criminal intimidation) replaces Sections 503, 506, 507 of the Indian Penal Code, 1860. IPC 503 is now BNS 351(1). IPC 506 is now BNS 351(2)/(3). IPC 507 is now BNS 351(4).
What is the punishment under BNS 351(2)?
Criminal intimidation – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 351(3)?
If threat be to cause death or grievous hurt, etc – punishable with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 351(4)?
Criminal intimidation by anonymous communication or having taken precaution to conceal whence the threat comes – punishable 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). Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 351 bailable?
Bailable: BNS 351(2), 351(3), 351(4). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 346 — Tampering with property mark with intent to cause injury
- BNS 347 — Counterfeiting a property mark
- BNS 348 — Making or possession of any instrument for counterfeiting a property mark
- BNS 349 — Selling goods marked with a counterfeit property mark
- BNS 350 — Making a false mark upon any receptacle containing goods
- BNS 352 — Intentional insult with intent to provoke breach of peace
- BNS 353 — Statements conducing to public mischief
- BNS 354 — Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
- BNS 355 — Misconduct in public by a drunken person
- BNS 356 — Defamation
