● Modified in BNS
Criminal intimidation carries two tiers of punishment. Simple threats attract a lighter sentence; threats of death, grievous hurt, destruction of property by fire, or imputing unchastity to a woman attract a heavier one. BNS Section 351(2)-(4) keeps this structure and adds an enhanced term for anonymous threats.
Section 506 IPC punished criminal intimidation with imprisonment up to 2 years, or fine, or both; where the threat was to cause death, grievous hurt, destruction of property by fire, or an offence punishable with death/life/7+ years, or to impute unchastity to a woman — up to 7 years, or fine, or both.
BNS Section 351(2) and (3) retain the two tiers: up to 2 years, or fine, or both for simple criminal intimidation; up to 7 years, or fine, or both for the aggravated forms. Anonymous intimidation attracts up to 2 additional years under 351(4).
Substance retained; definition and punishment merged into a single BNS 351 covering all tiers.
Simple criminal intimidation: imprisonment up to 2 years, or fine, or both. Aggravated forms (threat of death, grievous hurt, fire, or imputing unchastity): up to 7 years, or fine, or both. Anonymous intimidation adds up to 2 further years..
IPC 506 is bailable for the simple form; non-bailable for the aggravated (7-year) form -- though several states have made the aggravated form non-bailable and cognizable by local amendment..
This is a non-cognizable under the central schedule for both tiers, though state amendments in some states (including uttar pradesh and maharashtra) make the aggravated form cognizable. offence.
Compoundable for the simple form; non-compoundable for the aggravated form..
Matters under IPC 506 are tried before the Any Magistrate for the simple form; Magistrate of the First Class for the aggravated form..
Common defences include that the words did not amount to a specific threat, absence of intent to cause alarm, and that the statement was made in the heat of an argument without any real intention to carry it out.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons