An Offence Under Section 506 of IPC

Index
1. Introduction
2. 506 IPC Definition
3. Ingredients of 506 IPC
4. Scope & Exceptions
5. Nature of Offence
6. Complaint Registration
7. Cases on 506 IPC
8. Conclusion
9. FAQs on 506 IPC

Introduction

Criminal intimidation is a crime that happens when someone threatens another with harm to their body, property, or reputation and, in order to prevent such harm, coerces them into performing an act they are not legally required to perform or refrain from performing.

The malicious intent must target the victim or any other person in whom he is interested. Section 506 of the IPC deals with punishment for criminal intimidation.

Section	506
Punishment for	Criminal Intimidation
Description	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; If the threat be to cause death or grievous hurt, etc — and if the threat be 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, of 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.
Classification u/schedule 1 CrPC	Offence – Criminal intimidation Punishment – 2 Years or Fine or Both Cognizance – Non-Cognizable Bail – Bailable Triable by – Any Magistrate Offence – If threat be to cause death or grievous hurt, Etc. Punishment – 7 Years or Fine or Both Cognizance – Non-Cognizable Bail – Bailable Triable by – Magistrate First Class
Composition u/s 320 CrPC	The offence is Compoundable by The person intimidated

Definition of 506 IPC

According to section 506 of IPC, Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, with a fine, or with both;

If the threat is to cause death or grievous hurt, and if the threat is 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.

Ingredients of Section 506 IPC

The four most important ingredients of Section 506 of IPC are causing hurt:

1. To his reputation, possession

2. Any person who is associated with him.

3. Such action must be carried out with an intention in mind and solid reasoning.

4. The individual should be coerced into performing any action, whether criminal or lawful, but against his will or to prevent him from engaging in a certain activity.

In circumstances of criminal intimidation, the threat is motivated by the desire to harm the person’s or property’s reputation. He is forced to perform or refrain from performing any act to which he is legally obligated.

Criminal intimidation is punishable under Section 506 of IPC. It expressly states that in situations of simple criminal intimidation, the sentence may be up to two years in prison or a fine.

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Scope and Exception of IPC 506

The phrase “alarm,” which is restricted to the criminal offence when the result is to create extreme anguish, has taken the place of the terms “distress” and “fear” in the current section 506 explanation, making it essentially new.

The adjectives formerly employed were less frightful and did not correctly reflect the degree of threat that a victim truly experienced.

The offence under Section 506 of IPC part II cannot be properly compounded, according to Section 320 of the Code of Criminal Procedure, 1973. Nonetheless, a withdrawal from prosecution may be authorized in a reasonable case.

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Nature of Offence Under Section 506 of IPC

When an offence falls under the first part of Section 506 of the IPC, it is non-cognizable, bailable, and compoundable by the person who was intimidated, while it is non-compoundable when it falls under the second part of Section 506 of the IPC.

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Registration of Compliant under Section 506 of IPC 

To file a case under Section 506 of IPC  at the local police station and let the cops look into it by completing any necessary investigations. When all of the requirements are completed and the magistrate is satisfied, he will summon the accused. The judicial procedures will then commence.

To defend the case, it is necessary to realize that the simple display of mishandling an individual in foul language does not satisfy the criteria of the charge of Criminal intimidation under Section 506 of IPC and hence may be used as a defence. This can be easily understood with the help of legal advice from an online lawyer with criminal law knowledge.

Cases under Section 506 of IPC

1. In State vs. Romesh Chandra (1960), The Supreme Court highlighted that the simple use of angry words falls short of the legal bar for criminal intimidation. The defendant was accused of breaking into the plaintiff’s house and assaulting him while brandishing a pistol. The defendant fled the scene when the neighbours arrived. The bench determined that none of the claims described above, at least on the surface, constitute an offence under Section 506 of IPC.

2. In Kanshi Ram vs. State, the accused said, “Maro Salon Ko.” The complainant, however, never specified in his statement that the alleged threat had worried him. As a consequence, the petitioner’s claimed threat did not constitute an offence under Section 506 of the IPC. As a result, no charges under Section 506 of IPC could be brought against the petitioner based on the above-mentioned circumstances.

3. In the case of Rajinder Datt vs State of Haryana, it was determined that the accused’s simple declaration during the attack that he would murder the injured would not trigger Section 506 of IPC. This is especially true when the injuries are not severe and do not affect any important parts of the injured’s body.

4. In Keshav Baliram Naik vs State of Maharashtra, the accused was accused of touching the prosecutrix’s hand while she was sleeping, removing the quilt, and putting his hand in her clothes. He threatened to murder her if she revealed his identity. However, the prosecutrix yelled, causing her parents to awaken. The defendants were found guilty under Section 506 of IPC by the High Court.

5. In the case of Manik Taneja vs. the State of Karnataka (2015) the appellant was involved in an accident in which she collided with an auto-rickshaw, injuring the passenger of the vehicle. She later revealed that the policemen misbehaved with her and threatened her with accusations of hasty and careless driving. She was enraged by this and wrote comments on the Bangalore Traffic Police Facebook page accusing the police inspector of harassment and aggressive behaviour.

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Conclusion

The above explanation shows that the primary objective of criminal intimidation is to convince the person threatened to do or refrain from doing anything that the person was not lawfully obligated to do or omit.

As a result, it is a criminal offence, and the person faces criminal charges under Section 506 of IPC and repercussions, including jail time, a criminal record, and potential work opportunities.

Therefore, punishment for criminal intimidation will only be attractive when the accused does not adhere to this standard of accepted behaviour in society.

FAQs for An Offence Under Section 506 of IPC

Q1. What is Section 506 of IPC?

Ans1. Section 506 of the Indian Penal Code (IPC) deals with the punishment for criminal intimidation, which includes threatening another person with harm to their body, property, or reputation.

Q2. What constitutes criminal intimidation under Section 506 IPC?

Ans2. Criminal intimidation involves threatening someone with injury to their person, property, or reputation with the intent to cause alarm or coerce them into doing something they are not legally bound to do or refrain from doing something they have the legal right to do.

Q3. What is the punishment for criminal intimidation under Section 506 IPC?

Ans3. The punishment for criminal intimidation can extend to two years of imprisonment, or a fine, or both. Suppose the threat involves causing death, grievous hurt, destruction of property by fire, or imputing unchastity to a woman. In that case, the imprisonment may extend to seven years, with a fine or both.

Q4. Is an offence under Section 506 IPC available?

Ans4. Yes, offences under Section 506 IPC are bailable.

Q5. Is an offence under Section 506 IPC compoundable?

Ans5. Yes, offences under the first part of Section 506 IPC are compoundable by the person who was intimidated. However, offences under the second part, involving more severe threats, are non-compoundable.

Q6. What are the key ingredients of Section 506 IPC?

Ans6. The key ingredients include:

• Intent to cause alarm.
• Threat of injury to reputation, property, or person.
• Coercion to perform or refrain from a lawful act.

Q7. Can the use of angry words constitute an offence under Section 506 IPC?

Ans7. The mere use of angry words does not constitute criminal intimidation unless it creates an alarm or threat as defined under Section 506 IPC.

Q8. What is the difference between cognizable and non-cognizable offences under Section 506 IPC?

Ans8. Offences under the first part of Section 506 IPC are non-cognizable, meaning the police cannot arrest without a warrant. However, offences under the second part, involving more severe threats, are also non-cognizable but involve more severe penalties.

Q9. Can Section 506 IPC be applied to threats made on social media?

Ans9. Yes, threats made on social media can be prosecuted under Section 506 IPC if they meet the criteria of criminal intimidation.

Q10. What are some notable case laws related to Section 506 IPC?

Ans10. Notable cases include:

• State vs. Romesh Chandra (1960): The Supreme Court held that mere use of angry words without the intent to cause the alarm does not constitute criminal intimidation.
• Kanshi Ram vs. State: The court ruled that the absence of the complainant’s fear negates the charge of criminal intimidation.
• Rajinder Datt vs. State of Haryana: Simple threats made during an attack without severe injuries did not trigger Section 506 IPC.
• Keshav Baliram Naik vs. State of Maharashtra: The High Court found the accused guilty under Section 506 IPC for threatening to murder the victim if she disclosed his identity.

Q11. What is Dhara 506 under IPC?

Ans11. Dhara 506, also known as Section 506 of the IPC, deals with the punishment for criminal intimidation. It includes threats to cause death, grievous hurt, destruction of property, or imputing unchastity to a woman.

Q12. Is Section 506 of IPC bailable or not?

Ans12. Offences under Section 506 IPC are generally bailable. However, if the threat involves causing death, grievous hurt, or other severe harm (506(2) IPC), it is still bailable.

Q13. What is the punishment under Section 506 IPC?

Ans13. The punishment for criminal intimidation under Section 506 IPC can extend to two years of imprisonment, a fine, or both. For severe threats involving death, grievous hurt, or destruction of property (506(2) IPC), the punishment may extend to seven years of imprisonment, a fine, or both.

Q14. Is Section 506 IPC compoundable or not?

Ans14. Yes, offences under the first part of Section 506 IPC are compoundable by the person who was intimidated. However, offences involving more severe threats (506(2) IPC) are non-compoundable.

Q15. Is IPC Section 506 cognizable or not?

Ans15. Offences under Section 506 IPC are non-cognizable, meaning that the police cannot arrest without a warrant. This applies to both parts of the section.

Q16. What is the difference between 506(1) IPC and 506(2) IPC?

Ans16. 506(1) IPC deals with simple criminal intimidation, punishable by up to two years of imprisonment, a fine, or both. 506(2) IPC involves more severe threats, such as causing death or grievous hurt, and is punishable by up to seven years of imprisonment, a fine, or both. Both parts are bailable.

Q17. What are some notable case details under Section 506 IPC?

Ans17. Notable cases include:

1. State vs. Romesh Chandra (1960): The Supreme Court held that the mere use of angry words without intent to cause alarm does not constitute criminal intimidation.
2. Kanshi Ram vs. State: The court ruled that the absence of the complainant’s fear negates the charge of criminal intimidation.
3. Rajinder Datt vs. State of Haryana: Simple threats made during an attack without severe injuries did not trigger Section 506 IPC.
4. Keshav Baliram Naik vs. State of Maharashtra: The High Court found the accused guilty under Section 506 IPC for threatening to murder the victim if she disclosed his identity.

Q18. What is the process for registering a complaint under Section 506 IPC?

Ans18. To file a case under Section 506 IPC, one must visit the local police station and lodge a complaint. The police will then investigate the matter. If the magistrate is satisfied with the evidence, the accused will be summoned, and judicial proceedings will commence.

Q19. What does Section 506 IPC cover regarding threats to kill?

Ans19. Section 506 IPC covers threats to kill under its provision for criminal intimidation. Such threats, especially if they involve causing death or grievous hurt (506(2) IPC), can lead to severe penalties, including up to seven years of imprisonment.

Q20. What is the nature of offenses under Section 506 IPC according to CrPC?

Ans20. According to the Code of Criminal Procedure (CrPC), offenses under the first part of Section 506 IPC are non-cognizable, bailable, and compoundable by the person intimidated. Offenses under the second part (506(2) IPC) are non-cognizable and bailable but non-compoundable.

Q21. How is criminal intimidation defined under IPC Section 506?

Ans21. Criminal intimidation under IPC Section 506 involves threatening someone with injury to their person, property, or reputation with the intent to cause alarm or coerce them into performing an act they are not legally required to do or refraining from an act they are legally entitled to do.

Q22. Can threats made on social media be prosecuted under Section 506 IPC?

Ans22. Yes, threats made on social media that meet the criteria for criminal intimidation can be prosecuted under Section 506 IPC.

Q23: What is the limitation for 506 IPC?

Ans23: As per Section 468 of the CrPC, the period of limitation for making a complaint under section 506 of Indian Penal Code is three years. This implies that all the complaints regarding criminal intimidation should be lodged within a period of three years from the date of the commission of the alleged crime.

Q24: धारा 504 और 506 क्या है?

Ans24: धारा 504 शांति भंग करने के इरादे से किया गया अपमान है और धारा 506 आपराधिक धमकी है, दोनों ही जमानती हैं। अपराध दर्ज होने के बाद आरोपी न्यायालय से जमानत मांग सकता है।

Q25: क्या हमें आईपीसी 506 में जमानत मिल सकती है?

Ans25: आम तौर पर, हाँ। धारा 506 आईपीसी को आम तौर पर जमानती अपराध माना जाता है। हालाँकि, परिस्थितियों की गंभीरता जमानत देने के मामले में अदालत के फैसले को प्रभावित कर सकती है।

Q26: आपराधिक धमकी कैसे साबित करें?

Ans26: “उपर्युक्त प्रावधानों के अवलोकन से यह स्पष्ट है कि आपराधिक धमकी के तत्वों को संतुष्ट करने के लिए, अभियुक्त द्वारा शिकायतकर्ता के शरीर, प्रतिष्ठा या संपत्ति को नुकसान पहुंचाने की धमकी दी जानी चाहिए, जिसका उद्देश्य उस व्यक्ति को भयभीत करना या उस व्यक्ति को कोई कार्य करने के लिए प्रेरित करना होना चाहिए।”

Q27: Is 506 IPC bailable in Hindi?

Ans27: आईपीसी की धारा 506 एक गैर-संज्ञीय (Non-Cognizable) श्रेणी के तहत आने वाला अपराध है। जिसमें आरोपी को जमानत मिल जाती है। यह केस किसी भी श्रेणी के मजिस्ट्रेट द्वारा विचारणीय होता है।

Q28: What is CrPC 506 Dhara?

Ans28: Under section 320, CrPC offence under Section 506, IPC is compoundable i.e. law provides for victim (person threatened) and offender to settle the matter out of court.

Q29: What is Section 506 IPC quashing?

Ans29: The Karnataka High Court has held that, mere voicing of words, is not enough and cannot be said to be intimidating for a person unless offending words are used with the intent of preventing the other person to do or not do something as defined under section 506 of the Indian Penal Code.

Q30: What is the maximum punishment for 506?

Ans30: Whoever commits the offence of criminal intimidation is punishable with imprisonment for a term which may extend to years of any description, or with fine or both; where ‘the’ threat is to kill a person or do some grievous hurt etc.

Q31: What is Section 504 and 506?

Ans31: The latest judgement of the Supreme Court has clarified that Section 506 of IPC punishes criminal intimidation but the intention of the accused to create apprehension in the mind of the victim has to be proved.

Q32: What is Section 506 IPC quashing?

Ans32: The Karnataka High Court has held that, mere voicing of words, is not enough and cannot be said to be intimidating for a person unless offending words are used with the intent of preventing the other person to do or not do something as defined under section 506 of the Indian Penal Code.