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BNS Section 351: Criminal intimidation. 351

Section 351 of the Bharatiya Nyaya Sanhita, 2023 deals with criminal intimidation. 351. It replaces IPC 503, IPC 506, IPC 507 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 351(2) is non-cognizable and bailable; 351(3) is non-cognizable and bailable; 351(4) is non-cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
351(2)Criminal intimidation.Imprisonment for 2 years, or fine, or both.Non-cognizableBailableAny Magistrate
351(3)If threat be to cause death or grievous hurt, etc.Imprisonment for 7 years, or fine, or both.Non-cognizableBailableMagistrate 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-cognizableBailableMagistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 351

351. (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.

Tampering with property mark with intent to cause injury.

Counterfeiting a property mark.

Making or possession of any instrument

for . counterfeiting

a property mark.

Selling goods marked with a counterfeit property mark.

Making a false mark upon any receptacle containing goods.

Criminal intimidation.

Intentional insult with intent to provoke breach of peace.

Statements conducing to public mischief.

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).

IPC sections replaced

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