Introduction
Before we look into the provision of Section 506 of the Indian Penal Code 1860. First, we need to know that Sections 503 and 506 deal with criminal intimidation. In India, we often see that people are confused about the understanding of criminal intimidation, extortion, and such kinds of violence. We refer to the provision of section 503 of the IPC, which relates to criminal intimidation. Sections 506 and 507 of the said act described the punishment of the offense which are covered under section 503 of the IPC. In this article, we discuss what constitutes Section 506 of the India Penal Code 1860. So please stay tuned and read below;
What is Section 506 of the Indian Penal Code?
Section 503 of the Indian Penal Code defines the definition of criminal intimidation which is a criminal offence. We refer to the language of the Oxford Dictionary, which defines intimidation as per this we can say that “ intimidation means an act like threatening to someone for gain as we desire and makes force them to do that.” As we look into that concept in IPC, section 503 of the act defines that definition that, it is an offense if someone forces another person with the intent to damage that person, his reputation, or property and expects them to do that type of act, which is legally not required by them. Thus, an intimidator is a person who threatens someone to do whatever he desires, whether that act is noted as wrong or illegal.
What does Section 506 of IPC mean?
The IPC Sections 503 and 506 deal with criminal intimidation. In India, we often see that people are confused about the understanding of criminal intimidation, extortion, and such kinds of violence, imprisonment for a maximum of two years, a fine, or, in some cases, that should be both. The second part covered those types of criminal activity that are covered under heavy offenses of criminal intimidation. Such as death or serious harm, property damage by fire, or humiliating any lady by tagging unchaste, etc. The offender who committed such kind of offense will be punished with imprisonment for up to seven years or a fine or both.
The essential elements of section 506 of the Indian Penal Code
The basic key elements of section 506 of the IPC are given below:
- The first part of this section defines that if a person commits a crime and is found guilty of criminal intimidation they will be liable for the punishment of imprisonment which is extended to two years with a fine, or may be imposed both of them.
- The second part of this section says that any person who threatens someone to cause death, serious harm, or to destroy property by fire such type of act is considered a punishable offense which may result in imprisonment of up to seven years, a fine, or some of the case that may be imprisonment and fine are both.
- If the compromise goes between the parties, then the offense of IPC under section 506 is compoundable. If the complainant agrees to resolve the dispute, he can withdraw the complaint against the accused.
- A woman threatened by a male with the intention of unchastity counts as a punishable of a punishable offense under the act. The accused will be punished with imprisonment for up to 7 years and a fine, or in some cases, it will be both.
- The first part of section 506 is a non-cognizable billable and compoundable offense. The second part of section 506 is a non-compoundable offense.
Essentials of Section 503 of the Indian Penal Code
Some essential ingredients are required to fulfill the conditions of an offense under section 503 of the IPC, which are given below:
- The threat which is given by the accused must be caused by bodily injury to the victim.
- The threat must have resulted in harm to the reputation or property of the victim.
- The motive of the threat must be clear, such as cause to harm someone.
- The activity of the threat must be intent on causing alarm to the victim.
- The threat that is given by someone must be mentioned to do something or not to do without the consent of the victim.
What is anonymous intimidation?
The Indian Penal Code 1860, under section 507, defines the different kinds of intimidation. According to this section, if an act is committed by someone with the intent of anonymous intimidation, it is punishable under this act. If someone is involved in such activity, like anonymous communication and trying to hide their identity or residence place, it will be counted as a criminal intimidation offense. That may face a criminal trial that is punishable by up to two years of jail.
The punishment under this section is added as an additional sentence that is mentioned under the provision section 506 of the Indian Penal Code 1860. For that, two conditions must be required to fulfill. The first is the threat is concerned with that person’s body, reputation, or possession. The second condition is a threat given by someone to doing an act or not doing it without his consent.
The provisional punishment under section 506 of the IPC
We above discussed the punishment under section 506 is divided into two parts. According to this section, if someone commits a crime covered under criminal intimidation, that person can face a criminal trial. That can result in a punishment of up to 2 years in jail, a fine, or that person can be imposed on both terms. One more noticeable thing is that if a person is involved in an activity like anonymous communication, it also will be counted as criminal intimidation. If someone does such kind of act, it results in a heavy offense such as threatened with intent to harm someone with death or harm to body parts. The accused can face a criminal trial for that which results in a sentence of improvement up to 7 years, a fine, or in some cases both.
What are the IPC 506 and 507?
The IPC section 506 and section 507 are related to criminal intimidation which is covered under the Indian Penal Code, 1860, and both sections are punitive by nature. We refer to section 503 of the IPC, which defines criminal intimidation, and sections 506 and 507 describe the punishment of that offense, such as threatening someone.
Can IPC section 506 quashed?
It depends on the circumstances of the case if charged under section 506 IPC against the accused not made out. The court has the inherent power to quash that type of proceeding against him. The court can quash that proceeding to secure natural justice and prevent to abuse of the court process.
Are Sections 504 and 506 bailable or not?
Section 504 of the Indian Penal Code, 1860, is related to an insult that results in a breach of trust. Section 506 of the Indian Penal Code,1860, related to criminal intimidation. Both sections are available, and the accused can pray for bail from the court.
Bottom line
Criminal intimidation means treating someone to harm or creating fear and making them agree to do something or not to do with their content. That type of activity counts as criminal intimidation under the provision of the IPC, which can result in a sentence of imprisonment up to 2 years, a fine, or both, or that can result in a heavy punishment if that offense falls under the second part of section 506 of the IPC.
