Here’s a question for you… The home of "X" was broken into by a thief who threatened to kill him and his wife if they called the police or reported the theft to them. As soon as the thief fled, they quickly contacted the police, who apprehended the offender. Can you tell us what charges would apply to “X”? Does this act amount to “Criminal Intimidation” punishable under section 506 IPC?
What is section 506 IPC?
The offence of criminal intimidation is defined under section 503. The Oxford Dictionary defines intimidation as "to threaten someone to get them to do what we want." Criminal intimidation is defined as an offence in Section 503 of the Indian Penal Code when someone threatens another person with harm to their person, reputation, or property, intending to coerce them into performing an act for which they are not legally obligated. A threat-maker is referred to as an intimidator.
Section 506 talks about the punishment for committing the offence of criminal intimidation. The first part of the section includes cases punishable with imprisonment, which may extend to two years or a fine or both. The second part of the section includes a more serious type of criminal intimidation which needs to fulfil certain ingredients, i.e., the threat must include death or grievous hurt, destruction of property by fire, or disrespecting any woman calling her unchaste. Any person who commits such an offence will be punishable with 7 years of simple or rigorous imprisonment or fine or both.
A more severe kind of intimidation is defined by Section 507 of the Indian Penal Code, 1860. This section addresses situations in which an anonymous intimidator commits a crime. According to the provisions of this section, anyone who engages in criminal intimidation through anonymous communication or takes steps to hide their name or place of residence may be subject to a sentence of up to two years in jail. In addition to the punishment outlined for the offence under Section 506 of the IPC, 1860, this punishment is also imposed. Two ingredients need to be fulfilled: a) threat to the person’s body or reputation or possession and b) intention to abstain or do the activities to avoid threats.
To know the details, click on the link below.
/content-assets/7dc6d6faa7854a9b9999c03579d6a208.png)
Is Section 506 bailable or not?
The offence under Section 506 is considered non-cognisable, non-compoundable and bailable.
Punishment of criminal intimidation
The punishment under section 506 is categorised into two parts, as discussed above. If a person commits the offence of criminal intimidation, then he will be punishable with 2 years of imprisonment, or fine, or both. And if the person commits a grave form of criminal intimidation where he threatens the victim to cause death or grievous hurt, then he will be punishable with 7 years of simple or rigorous imprisonment or fine or both.
Criminal intimidation by anonymous communication.
Section 507 of The Indian Penal Code, 1860 is an aggravating circumstance of intimidation. This section addresses situations in which the intimidator conducts the crime in secret. According to this clause, anyone who engages in criminal intimidation through anonymous communication or takes steps to hide their name or place of residence will be subject to a sentence of up to two years in jail. In addition to the penalty stipulated for the offence under Section 506 of the IPC, 1860, this punishment is also applicable.
Illustration: If person A writes a letter anonymously to B threatening him to burn down his home. The crime will fall under this section.
Case Laws
Vikram Johar v the State of UP
In this case, the Apex Court observed that the simple use of abusive language does not meet the bare minimum requirements for criminal intimidation. The defendant was charged with entering the plaintiff's residence and abusing him with obscene remarks while holding a revolver. Even though the defendant had threatened to attack the plaintiff, he left the scene when the neighbours showed up. The bench determined that, at least on the surface, none of those mentioned above assertions amounts to an offence.
Romesh Chandra v. State (1960)
In this case, the Apex Court noted that the simple use of harsh words falls short of the legal standard for criminal intimidation. The defendant was accused of breaking into the plaintiff's home while brandishing a gun and abusing him. The defendant left the situation when the neighbours arrived after threatening to assault the plaintiff. The bench found that none of those mentioned above allegations, at least on the surface, constitute an offence.
Conclusion
I hope you got your answer through the article. The person “X” will be charged under sections 506 and 392, i.e., criminal intimidation and robbery. IPC mentions the punishment for various crimes to ensure that justice prevails. The scope evolves through judicial pronouncements. The concept of criminal intimidation is considered a serious offence which leads to 2 to 7 years of imprisonment fine or both depending upon the circumstances.