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Ayan Mandal   11 January 2021

Threat

I Live In Hyderabad In a Colony - Girinagar

their Is A Gang Who Are Planning To Have Fight With Me And My Friends , They Have Also Beaten Some of My Friends Now i am Threatened That Next Turn will be Mine , What Legal Steps can i Take ! Please Help


Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 January 2021

Hello,

You can approach the police and file complaints about their threatening.

175B083 Mahesh P S   11 January 2021

Hello,

Report the incident to the nearest Police station and get an F.I.R filed.

These people can be held under the following:

Criminal Force

Section 350 of IPC defines criminal force and it should include the following essentials to be considered as an offence-

1. Intentional use of force by one person to any other person

2. Such use of force is inflicted on the other person without his consent

3. The force must have been used to achieve either of the following-

4. To commit an offence; or

5. With the intention to cause or knowing it to be likely that he will cause injury, fear or annoyance to the other person against whom such use of force is inflicted.

Therefore, this section clarifies that Force as under section 349 of IPC to become criminal force, the intention of the person using such force to commit an offence or to cause injury to the other person must be considered. Further, the ingredients of section 350 of IPC as discussed above signifies that it includes the wrong of ‘battery’ as considered under the English law.

Criminal Intimidation

The offence of criminal intimidation is defined under Section 503 of the Indian Penal Code, 1860. The provision states that anyone who threatens any other person on the following grounds is liable for criminal intimidation.

  1. Threatens injury to his person;
  2. Threatens injury to his reputation;
  3. Threatens injury to his property;
  4. Threatens injury to the person or reputation of anyone in whom the person is interested.

Further, the intention should be to cause alarm to that person; or to make them perform any act which they are not legally bound to do; or to omit any act which they are legally entitled to perform. If they are forced to do all of these acts as a means to avoid execution of such threat, this amounts to criminal intimidation.

The explanation of this section states that a threat to injure the reputation of a deceased person in whom the person threatened is interested is also covered under this section.

Intentional insult with intent to provoke breach of the peace

Section 504 of the Indian Penal Code, 1860 deals with intentional insult. The provision states that any person who intentionally insults and as a consequence provokes any person, intending or knowing, that it is likely that such provocation will induce the person to break the public peace or indulge into the commission of some other offence, then such person shall be punished with imprisonment which may extend up to two years; or with fine; or both.

insult with intent to provoke breach of the peace

Section 504 of the Indian Penal Code, 1860 deals with intentional insult. The provision states that any person who intentionally insults and as a consequence provokes any person, intending or knowing, that it is likely that such provocation will induce the person to break the public peace or indulge into the commission of some other offence, then such person shall be punished with imprisonment which may extend up to two years; or with fine; or both.

Thank you

 


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