BNS Section 351: Criminal Intimidation

Section 351 falls under Chapter 19 of the Bharatiya Nyaya Sanhita (BNS). Chapter 19 covers offences such as criminal intimidation, insult, annoyance, defamation, etc. Each section under this chapter deals with different offences related to such crimes. Section 351 specifically deals with criminal intimidation. Let us take a closer look at its provisions.

Definition of BNS Section 351

Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

(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).

Explanation and Illustration of Section 351

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of criminal intimidation. Let us break down the section to get a better understanding of it.

Offence

This section details the offence of criminal itimidation through four separate subsections. The first subsection defines criminal intimidation for the purposes of this section, while the other three sections details varying forms of criminal intimidation and their consequent punishment under the provisions of this section. Let us take a look at them one by one.

Subsection (1) defines criminal intimidation as the act of threatening a person, or someone dear to that person, with

physical harm or
injury to reputation or
destruction of property

so that such person

does something they are not required to do or
does not do something they would usually do under normal circumstances.

Further, it clarifies that threatening the reputation of a dear one who is deceased also counts as criminal intimidation for the purposes of this section. Let us look at the illustration provided.

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.

Here A has made threat of destruction to property by threatening to burn down B’s house. And he has done so to stop B from proceeding with a civil suit, which is B’s right and which is something that B had planned on doing under normal circumstances. This checks off the two qualifications for criminal intimidation and hence is prosecutable under the provisions of this section.

Subsection (2) defines the punishment for criminal inttimidation.

Subsection (3) defines the punishment for criminal intimidation by threatening to cause

death or grievous hurt
destruction of any property by fire, or to cause
an offence punishable with death or
an offence punishable with imprisonment for life, or
an offence punishable with with imprisonment for seven years or more
unchastity to a woman

Subsection (4) defines the punishment for criminal intimidation by anonymous communication where the offender has taken precaution to conceal the name or location.

Punishment

Any person found guilty of criminal intimidation shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

Any person who commits criminal intimidation by threatening to cause death or grievous hurt, destruction of any property by fire, unchastity to a woman, an offence punishable with death or imprisonment more than seven years shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Any person who commits criminal intimidation by anonymous communication where the offender has taken precaution to conceal the name or location 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).

The above actions may not be an offence under this section if:

The offender is forced or coerced into performing the offence

The offender is a minor or not of sane mind.

However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in BNS Section 351

This section deals with: Criminal intimidation.

Description of offence:

Any person who threatens another person or their dear ones with physical harm, injury to reputation or destruction of property to force them into doing or not doing something shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. However if the threat involves certain very violent repercussions as described under Subsection (3), then the imprisonment may extend to seven years with fine.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 351 of BNS and its Equivalent IPC Section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 351 of BNS replaces IPC Section 503, 506, 507. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
351	Criminal Intimidation	503, 506, 507	Three sections clubbed under one as separate subsections.

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FAQs about Section 351 of the Bharatiya Nyaya Sanhita (BNS)

What is criminal intimidation under Section 351 of the BNS?

Any person threatening to cause physical harm, injury to reputation or destruction of property to any person or that person’s dear ones so that such person is forced to perform a certain task, or refrain from performing a particular task, shall be considered to have committed criminal intimidation under Section 351.

What are the penalties for criminal intimidation?

Does threatening someone with harm to reputation qualify as criminal intimidation?

Yes. Threatening the reputation of a person, or a person’s dear ones, even if the dear one is deceased, shall be considered criminal intimidation under this section.

How can victims prove criminal intimidation in court?

If the threats are made in writing then producing the written threat would be important evidence. If the threat is made on phone or virtually, then a recording of such threat can help as evidence. If the threat has been made in person, then witness testimony would make for substantive evidence.

Is criminal intimidation limited to physical threats?

No. Threats to reputation and property also count as acts of criminal intimidation.

Are online threats considered criminal intimidation under this section?

Yes. The medium of threat is not important to the framing of charges under this section.

What actions should victims take when faced with criminal intimidation?

Any person being threatened must immediately report the same to the police authorities.