Section 351 BNS (Bharatiya Nyaya Sanhita): Criminal Intimidation

The criminal justice system underwent a significant transformation on 1st July 2024 with the implementation of three new laws: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA). These legislations replaced the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.

Section 351 BNS is a part of Chapter XIX of Criminal Intimidation, Insult, Annoyance, Defamation, etc. Section 351 Bharatiya Nyaya Sanhita penalizes acts of threatening another person with the intent to cause fear, coerce them into doing something against their will or restrain them from doing something which they are legally entitled to do. The threats can be related to the person’s body, property, reputation including deceased persons. Explore other important Judiciary Notes.

Section 351 BNS

Criminal Intimidation

(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. 

Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. 

(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. 

(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.

(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). 

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Section 351 BNS Interpretation

Section 351 BNS criminalizes acts where anyone threatens another person with the intention to create fear or force them to act against their will. The threat may be related to the person’s body, property or reputation including the reputation of a deceased person.

The provision aims to restrain the misuse of fear as a tool for coercion. It acknowledges that even indirect or psychological pressure such as threatening harm can manipulate the free will of someone. Section 351 BNS also treats threats made anonymously or with hidden identity as more serious.

The provision clearly includes threats involving serious harm (like death or arson) and anonymous communication and strengthens protection against all forms of intimidation. The section aims not only on the content of the threat but also on the intent behind it.

Thus, Section 351 BNS ensures that fear cannot be used as a weapon to interfere with the freedom, dignity or lawful rights of person.

Download Free PDF on Section 351 BNS

It is important to know what amounts to criminal intimidation under Section 351 Bharatiya Nyaya Sanhita. The following are the essential elements of Section 351 BNS -

• There must be a threat: The accused must issue a threat of harm either to the body, property or reputation of the victim.
• The threat may extend to someone else: It is not necessary that the threat is directly connected to the victim. It may also be aimed at someone the victim is emotionally or legally connected with including a deceased person.
• The threat must be intentional: The person making the threat must intend to cause fear in the mind of the victim.
• The purpose must be coercive: The threat must be made to either compel the victim to do something they are not legally bound to do or stop them from doing something they are legally entitled to do.

Illustration: A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation. 

Section 351 BNS Punishment

Section 351 Bharatiya Nyaya Sanhita imposes penalties in proportion to the seriousness of the threat. The threats attract lighter punishment whereas more severe or anonymous threats result in higher sentences.

1. Threat (Sub-section 2)
   • Imprisonment: Up to 2 years
   • Or with fine
   • Or both
2. Aggravated Threats (Sub-section 3)
   • Includes threats of death, grievous hurt, arson or any offence punishable with death, life imprisonment or up to 7 years or imputing unchastity to a woman
   • Punishment: Imprisonment up to 7 years, or with fine, or both
3. Anonymous Threats (Sub-section 4)
   • If the threat is made anonymously or by concealing the identity of the sender
   • Additional imprisonment of up to 2 years over and above the punishment under Sub-section (1)

Nature and Scope of Section 351 BNS

Section 351 BNS criminalizes any act of threatening a person with the intent to cause fear or compel them to act against their will. The law clearly states that the threat may be regarding the body, property or reputation of a person including a deceased person. Now the question is whether Section 351 BNS is bailable or not? Section 351 of Bharatiya Nyaya Sanhita is -

• Cognizable: Police can arrest the accused without a warrant.
• Non-bailable: The accused cannot claim pre-trial bail as a matter of right.
• Non-compoundable: The case cannot be settled through mutual agreement.
• Trial Process: The offence is triable only in the Court of Sessions.

The Bharatiya Nyaya Sanhita distinguishes between the offences of criminal intimidation and extortion based on the nature of the threat and the objective behind it. The following are the difference between Extortion and Criminal Intimidation in BNS:

Section 351 Criminal Intimidation Important Cases

The Courts in India have consistently interpreted the scope of criminal intimidation by analysing the graveness of the threat, intent behind it and circumstances. The following landmark judgments provides insights into how Section 351 BNS (earlier Section 503 IPC) has been interpreted by the Judiciary :

• Doraswamy Ayyar v King-Emperor (1924)
  The Madras High Court clarified that for an act to amount to criminal intimidation under Section 503 IPC (Now Section 351 BNS), the threat must be credible and capable of causing actual fear or harm. The court held that threats of divine or supernatural punishment alone are not sufficient to constitute the offence.
• Rajinder Datt v. State of Haryana (1992)
  The court ruled that impulsive remarks or emotional outbursts made during an altercation, even if they suggest an intent to kill, may not by themselves constitute criminal intimidation under Section 506 IPC (Now Section 351 BNS). There must be clear evidence showing a deliberate intention to inflict death or serious harm.
• Shri Vasant Waman Pradhan v. Dattatraya Vithal Salvi (2004)
  The Bombay High Court emphasized that the presence of mens rea—a guilty or malicious intent—is essential in cases of criminal intimidation. The court pointed out that the true nature of the threat must be assessed in the context of the surrounding circumstances to determine whether it was made with wrongful intent.
• Manik Taneja & Anr v. State of Karnataka (2015)
  In this case, the Supreme Court held that posting grievances on Facebook against police misconduct did not amount to criminal intimidation under Section 506 IPC (Now Section 351 BNS). Since the statements were general criticisms without any threatening language, the court found no element of intimidation.
• Vikram Johar v. State of Uttar Pradesh (2019)
  The Supreme Court ruled that simply using abusive or obscene language does not automatically qualify as criminal intimidation under Section 503 IPC (Now Section 351 BNS). Even though one person in the group was carrying a weapon and used offensive language, the court found that the actions did not meet the legal threshold for criminal intimidation, as they lacked the severity or intent required to provoke public disorder or a further offence.

Comparison of Section 351 BNS vs Section 503 of IPC

The following highlights the differences between Section 351 of Bharatiya Nyaya Sanhita and Section 503 under Indian Penal Code.

Aspect	Section 503 IPC (1860)	Section 351 BNS (2023)
Title	Criminal Intimidation	Criminal Intimidation
Definition	Threatening another with injury to person, reputation, or property to cause alarm or compel action or inaction	Same base definition with more detailed clauses, including threats to the reputation of deceased persons
Scope of Threat	Threat to person, reputation, or property, or to anyone the victim is interested in	Same scope, but explicitly includes threats to the reputation of deceased persons, if it would hurt the reputation of those interested in them
Essential Element	Threat must cause alarm or coerce the victim to act against their legal will	Same element retained, mens rea (intent to alarm or coerce) is crucial
Punishment (General)	Imprisonment up to 2 years, or fine, or both	Section 351(2): Imprisonment up to 2 years, or fine, or both (same as IPC)
Punishment for Aggravated Threats	Section 506 IPC: Up to 7 years for threats of death, grievous hurt, arson, etc.	Section 351(3): Up to 7 years, fine, or both for severe threats (e.g., death, grievous hurt, arson) – similar but consolidated in one provision
Anonymous Threats	Covered under Section 507 IPC, with added 2 years if anonymous	Section 351(4) incorporates anonymous threat punishment directly, with additional 2 years for concealing identity

Conclusion

Section 351 BNS modernizes and consolidates the law on criminal intimidation by retaining core elements from Section 503 IPC while introducing clarity, especially regarding threats to deceased persons and anonymous communications. It strengthens protections against coercion and fear-based manipulation, ensuring a more comprehensive legal remedy against intimidation in today’s context.