Section 351 BNS: The Bharatiya Nyay Sanhita (BNS) 2023, which replaced the Indian Penal Code (IPC) from July 1, 2024, modernizes India’s criminal law framework. Among the pivotal sections of BNS is Section 351, addressing the offence of criminal intimidation. This article explores Section 351 BNS, its provisions, punishments, and its overlap with Sections 506 and 507 IPC.
Additionally, we answer questions such as “Is Section 351 BNS bailable or not?” to provide a comprehensive understanding.
Summary
What is Criminal Intimidation Under Section 351 BNS?
351. (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.
Section 351(1) BNS defines criminal intimidation as an act where:
- A person threatens another with harm to:
- Their body, reputation, or property, or
- The body or reputation of someone they care about.
- The intent behind the threat is to:
- Cause alarm to the person, or
- Compel the person to act (or refrain from acting) in a way they are not legally bound to.
Explanation: A threat to harm the reputation of a deceased person also falls under this section if it alarms the person receiving the threat.
Illustration: A threatens to burn B’s house if B proceeds with a lawsuit. A’s act qualifies as criminal intimidation under Section 351 BNS.
Punishments Under Section 351 BNS
351 (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.
351(2): General Criminal Intimidation
- Punishment: Imprisonment of up to 2 years, a fine, or both.
- Nature of Offence:
- Cognizable: No
- Bailable: Yes
- Tried by: Any Magistrate
351(3): Aggravated Criminal Intimidation
(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.
This includes threats to:
- Cause death or grievous hurt.
- Destroy property by fire.
- Commit an offence punishable by death, life imprisonment, or imprisonment exceeding seven years.
- Impute unchastity to a woman.
- Punishment: Imprisonment of up to 7 years, a fine, or both.
- Nature of Offence:
- Cognizable: No
- Bailable: Yes
- Tried by: Magistrate of the first class
351(4): Anonymous Criminal Intimidation
(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).
This subsection addresses threats made through anonymous communication or where the identity of the intimidator is concealed.
- Punishment: Imprisonment of up to 2 years, in addition to the punishment under 351(1).
- Nature of Offence:
- Cognizable: No
- Bailable: Yes
- Tried by: Magistrate of the first class
Section 351 BNS vs. Sections 506 and 507 IPC
There is a significant overlap between Section 351 BNS and Sections 506 and 507 IPC:
- Section 506 IPC: Defined criminal intimidation and prescribed punishments:
- General intimidation (2 years imprisonment or fine).
- Aggravated intimidation (7 years imprisonment or fine).
- Section 507 IPC: Addressed criminal intimidation through anonymous communication and prescribed an additional punishment of 2 years. This aligns with Section 351(4) BNS.
Thus, Section 351 BNS consolidates and modernizes the provisions of Sections 506 and 507 IPC, ensuring continuity and clarity.
FAQs About Section 351 BNS
Yes, all offences under Section 351 BNS are bailable. This includes:
General criminal intimidation (351(2)).
Aggravated intimidation (351(3)).
Anonymous intimidation (351(4)).
All offences under Section 351 BNS are non-cognizable. This means the police cannot arrest the accused without prior approval from a Magistrate.
While 351 BNS corresponds to 506 IPC, it provides broader clarity. For instance:
Section 351(4) BNS explicitly addresses anonymous threats, which was less detailed under IPC.
The punishments and classifications remain consistent but with a refined structure.
You simply use our tool to convert 351 BNS to IPC or corresponding section of the IPC to BNS here.
Conclusion : Section 351 BNS
Section 351 BNS is a robust provision under the Bharatiya Nyay Sanhita 2023, dealing with criminal intimidation in all its forms—general, aggravated, and anonymous. It aligns with Sections 506 and 507 IPC, offering continuity while addressing modern challenges like anonymous threats.
Whether you’re a legal professional or someone seeking clarity on the law, understanding Section 351 BNS is essential in navigating criminal intimidation cases under the new legal framework.
Disclaimer : However the content on this site is reviewed by a legal professional and we try to be accurate but it cannot be denied any error/mistake. You are strongly advised to consult a legal professional if you a facing a legal situation. The content is purely for educational purpose only. Source of the original text of the sections is IndiaCode and the Gazette Notification. If you have any question or query may contact us at support@ipctobns.in
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