CHAPTER XIX

OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.

S.351 BNS / S.503, 506-507 IPC CRIMINAL INTIMIDATION.

1. Whoever threatens by any means, another 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. (Section 503 IPC)

 

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. (Section 506 IPC)

3. Whoever commits the offence of criminal intimidation by treating 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. (Section 506 IPC)

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). (Section 507 IPC)

 

Q. 'A' for the purpose of inducing 'B' to desist from prosecuting a civil suit, threatens to bum 'B's house. What offence was committed by ‘A’ is guilty of?

(a) Abetment

(b) Criminal assault

(c) Criminal force

(d) Criminal intimidation

Ans. (d)   

 

Q. ‘A' threatens ’B' to bum ‘B’ house to desist him to prosecute a civil suit. What crime is committed by 'A?

(a) Criminal Intimidation

(b) Mischief

(c) Criminal breach of trust

(d) None of these

Ans. (a)

 

Q. ‘A’ house owner tortures his tenant 'B' in order to compel him to pay his rent and realises his dues without causing any hurt to 'B'. Here:

(a) 'A' is liable for criminal intimidation under Section 351 of Bhartiya Nyaya Sanhita, 2023

(b) 'A' is liable for using criminal force under .Section 350 to Bhartiya Nyaya Sanhita, 2023

(c) 'A' is liable for extortion under Section 383 of Bhartiya Nyaya Sanhita, 2023

(d) 'A' is liable for assault under Section 130 of Bhartiya Nyaya Sanhita, 2023

Ans. (a)

 

Q. An offence of criminal intimidation involves:

(a)   assault

(b)   battery

(c)   affray

(d)   threat

Ans. (d)

 

S.352 BNS / S.504 IPC INTENTIONAL INSULT WITH INTENT TO PROVOKE BREACH OF PEACE.

Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Q. Intentional insult with intent to provoke breach of the peace, is punishable under:

a. Section 379, BNS

b. Section 360, BNS

c. Section 352, BNS

d. Section 352, BNS

Ans. (d)

 

S.353 BNS / S.505 IPC STATEMENTS CONDUCING TO PUBLIC MISCHIEF.

1. Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means—

a. with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or

b. with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or

c. with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both

2. Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities shall be punished with imprisonment which may extend to three years, or with fine, or with both.

3. Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

 

S.354 BNS / S.508 IPC ACT CAUSED BY INDUCING PERSON TO BELIEVE THAT HE WILL BE RENDERED AN OBJECT OF THE DIVINE DISPLEASURE.

Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

ILLUSTRATIONS.

a. A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.

b. A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.

 

S.355 BNS / S.510 IPC MISCONDUCT IN PUBLIC BY A DRUNKEN PERSON.

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to one unsend rupees, or with both or with community service.

 

Q. Misconduct in public by a drunken person is:

a. Public mischief

b. Annoyance

c. Intentional insult

d. All of the above

Ans. (c)

 

Q. The minimum duration of imprisonment provided for an offence under Bhartiya Nyaya Sanhita, 2023 is imprisonment for:

a. Twenty-four hours under Section 356.

b. Twenty-four hours under Section 355

c. Sentence of 20 hours under Section 5-10

d. Sentence of imprisonment till rising of the court under Section 311

Ans. (b)