Bharatiya Nyaya Sanhita, 2023
Section 351
Criminal intimidation
(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).
Why this exists
The law protects people's sense of safety and free will — nobody should have to act (or refrain from acting) out of fear caused by threats. It recognizes that threats to reputation or property can be as coercive as physical threats, and it punishes anonymous or hidden threats more because they leave victims unable to identify or confront the source of danger.
How courts read it
Indian courts have long required that a genuine threat of injury be communicated with the specific intent to cause alarm or to compel/deter an act — mere rude or angry words without this intent do not amount to criminal intimidation, a principle carried forward from the identical provision in the earlier Indian Penal Code (sections 503/506).
Common misconceptions
- Myth: Criminal intimidation only means threatening to physically hurt someone.
Fact: It also covers threats to someone's reputation or property, and even threats against people the victim cares about, including a deceased relative's reputation. - Myth: You can only be punished if you actually carry out the threat.
Fact: The offence is complete the moment the threat is made with the intent to cause alarm or force an act — actually carrying it out is not required.