Introduction
Section 506 of the IPC refers to Criminal Intimidation, which means an act someone does to an individual to prompt fear, harm, or injury. For example, it intentionally threatens someone and creates fear for him to fulfill any personal motive or needs.
The Indian Penal Code 1860 refers to the rules and regulations concerned with criminal activities, offenses, crimes, etc. There are prescribed heavy punishments for such kinds of offenses. This code is based on equity of justice and covers all personal laws. Any criminal activities considered a crime under this Act, such as murder or hurting someone a crime under the Act, similarly threatening to kill someone, is also covered as a crime under the Indian Penal Code, 1860.
Section 506 of the IPC defines the punishment for the offense of criminal Intimidation. Criminal Intimidation is defined under Section 503 of the Indian Penal Code. So, to better understand Section 506 of the IPC, firstly, it is necessary to know Section 503 of the IPC.
What is 503 IPC?
The description of the section 503 IPC is given below;
This section says that if anyone threatens another person with the intention of injury to a person, an injury to his reputation, property, or an act to cause fear for that person and tries to force them to act, which is legally not bound to do; Or try to omit to act which they are legally entitled to do; such kind of activity is known as a threatened or criminal intimidation.
Illustrations
Let’s understand that concept with an example: A thief robbed the house of Z. He threatened Z to kill him and his family if they raised the alarm or tried to call the police. After the thief left the house, they called the police, who arrested the robber. He is charged with the offense of robbery and criminal Intimidation. After completion of the trial, the accused was found guilty of that crime.
What are the essential ingredients of Section 503 IPC?
The threat in IPC means that it does not need to be given in terms of direct. It may count as criminal Intimidation if given in public or via a third person. However, one notable thing is that the threat must be given in real terms. If a person threatens another person but cannot execute that threat, he will not be guilty of that crime of criminal Intimidation. To attract that offense, the following essentials need to be fulfilled;
- The threat must be given to harm bodily injury.
- The threat should cause damage to the reputation or property of a person.
- The threat should be given to harm a person.
- The threat should act as a result of the fear of that person.The terms which are used under section 503 IPC are given below;
Alarm
In the case of Amulya Kumar Behara vs. Nabaghana Behara Alias Nabina, the Orissa High Court rightly observed that the threat results in mental worry and stress to a person, which is problematic for a person, but the level of that alarm could be different. The alarm resulting from the intimidator is such a kind of nature that the threatened person loses their voluntary activity. In that case, a threat is measured based on a person’s firmness, reason, and sensibility.
Injury
Injury means harm unlawfully caused to a person’s mind, body, or reputation. The Indian Penal Code under Section 44 referred to the definition of injury.
Intimidation
Intimidation means to create fear for another person or force them with violence to do some act.
Intention
The intention refers to the mental condition, which plays a significant role in deciding whether the accused is guilty of the crime. That can be defined based on the facts and circumstances of every case.
Threat
Threat means an intentional or pre-planned act that harms someone to inflict loss, pain, or penalize.
What is Section 506 IPC?
Section 506 of the Indian Penal Code refers to criminal Intimidation. According to this section, anyone who commits the offense of criminal Intimidation will be liable for the punishment of imprisonment, which can be extended to two years, or a fine, or both.
Here, the threat may be any threat to cause death or grievous hurt, threats for the cause of the destruction of property by fire, etc. That offense can be punishable by a description term of imprisonment, or that may cause imprisonment for a term. That can be extended to seven years. Or if that offense is made for a woman to unchastity, be liable for punishment of imprisonment for a prescribed term that can be extended for seven years or a fine or both.
If we define the IPC 506 in simple terms, we can say that when someone commits a crime that is prohibited and illegal under the provision of the Indian penal code, such as criminal Intimidation that is punishable with imprisonment for up to two years or a fine. And sometimes can be imposed with both imprisonment and a fine if a threat is related to any serious harm, such as destruction of property by fire, or any offense with a woman, such as imput an allegation of unchastity to a woman. That can be punishable by imprisonment is extended to seven years, and a fine, or both.
Description of Section 506 IPC, 1860
The first part of section 506 of the Indian Penal Code says that if a person is found guilty of the crime of criminal Intimidation, they can be punished with imprisonment for a particular term which can be extended up to two years, or a fine. Or both can be imposed.
The second part of the Act says that if a person is found guilty of the crime of criminal Intimidation, which causes death or brutal injury or damage to any property by fire, they can be punished with imprisonment for a particular term which can be extended to seven years, or a fine. Or both can be imposed.
Explanation of Section 506 IPC
The explanation of section 506 IPC can be described simply in the following terms;
- If we talk about the first part of this section, it is clearly mentioned that whoever is guilty of the offense of criminal Intimidation can be liable for the punishment of imprisonment for a term that can be extended to two years, or a fine, or both.
- The offense which is covered under the first part of this section is compoundable. If the parties are wise to settle the matter via compromise, then the charges can be dropped against the offender.
- The second part of this section says that whoever threatens with a cause of death or grievous injury, or harm to property through fire, then this offense creates heavy gravity of the crime. That can be liable for the punishment of imprisonment for a term that can be extended to seven years, a fine, or both.
- If the threat is related to the intention of unchastity to a woman, then it can be punishable by imprisonment for a term that can be extended to seven years or a fine, or both.
- Thus, we can say that the first part of section 506 of IPC is non-cognizable, bailable, and compoundable. And if we talk about the second part of section 506 of the IPC, which is non-compoundable in terms of offense.
- According to the provision of section 320 of the Criminal Procedure Code, 1973, The offense which is covered under section 506- part 2 can not be compoundable. However, in terms of legitimate circumstances, the prosecution can be permitted to withdraw it.
Explanation of Section 507 IPC
Sections 506 and 507 of the IPC both deal with the punishment for criminal Intimidation, which is defined under section 503 of the IPC.
If we talk about section 507 of the IPC, basically, it is the result of section 506, which is deal with such kinds of criminal Intimidation via anonymous communication and inducement. That can be punishable.
Some people are used to that taktik, as they have no courage to threaten a person in a direct way. They always try to hide their identity and place, and they use different methods for criminal Intimidation, such as sending an anonymous letter and hiding their name, signing a letter with a fraudulent name, etc. That kinds of activities are covered under the offense of criminal Intimidation, which can be punished by imprisonment of two years in terms of addition to the punishment of IPC section 506.
Conclusion
Criminal Intimidation deals with threatening someone with the intention to harm, or fear, or make them agree to do something which against their will. That type of activity covered under the offense of criminal intimidation results in imprisonment for a prescribed term under section 506 of the IP. That can be extended up to two years or a fine, or both. In some cases, criminal intimidation includes heavy-gravity crimes such as threats to cause death, harm to a woman’s reputation, or harm to someone’s property, etc., then the result will outcome more severe according to the offense.
Reference
Section 503 in The Indian Penal Code
The Indian Penal Code under Section 44
Section 507 in The Indian Penal Code
Section 320 in The Code Of Criminal Procedure, 1973
Amulya Kumar Behara vs. Nabaghana Behara Alias Nabina,
