Imprisonment of either description upto two years or fine or both (Section 506).
Aggravated Forms:
(A) If the threat is to cause. (1) death or grievous hurt, (2) the destruction of any property by fire, or (3) an offence punishable with death, imprisonment for life or imprisonment upto seven years, or (4) to impute unchastity to a woman—Imprisonment upto 7 years or fine or both (Section 506).
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(B) If intimidation is committed by an anonymous communication the additional imprisonment upto 2 years (Section 507).
Definition of Criminal Intimidation – Section 503 of Indian Penal Code:
Whoever threatens another 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 harm 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.
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Explanation:
A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. (Section 503).
Illustrations:
A, B’s discarded mistress asks B to come back to her. On the refusal A tells B that B’s minor son will not be allowed to go to his parent’s house unless B resumes living with her. Examine A’s liability. [Ans. Offence under Section 505 made out].
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A, for the purpose of inducing B to desist from prosecuting a civil suit threatens to burn B’s house; [A is guilty of criminal intimidation].
A writes to B that B’s child is in the hands of A’s gang and unless B pays, at a particular place and within 24 hours of the receipt of this letter, Rs. 5,000, the child will be put to death. What offences are constituted [Ans. Criminal intimidation under Section 503, extortion under Section 383 and wrongful confinement under Section 340].
Essentials Ingredients of Criminal Intimidation:
(1) Threatening a person with any injury-
(2) Such threat must be made with intent—
(i) To cause alarm to that person, or
(ii) To cause that person—
(a) To do any act which he is not legally bound to do, or
(b) To omit to do, any act which he is legally entitled to do. as a means of avoiding the execution of such threat.
(i) To his person, reputation or property, or
(ii) To the person or reputation of any one in whom that person is interested.
Difference between
Criminal intimidation
1. Purpose:
Immediate purpose is to induce the person threatened to do or abstain from something which he was not legally bound to do or omit.
2. Effect:-
Threat need not produce the effect aimed at no need it be addressed directly to the person intended to be influenced.
3. Delivery:
There is no delivery of any property from the victim to the accused.
Extortion:
(1) Purpose is fulfilled by obtaining property.
(2) Extortion is committed when the offender is present and the victim is through fear induced to deliver up property.
(3) Delivery of property is the essence of the offence.