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sajith bose   16 December 2019

Threatening

One of my neighbor entered to my house on night after 1030Pm and threatened
he come with two other guys and on of them also threatened
what can I do for this situation


Learning

 1 Replies

175B083 Mahesh P S   02 January 2021

Hello,

You should go to your nearest police station and and get an F.I.R filed. Those people can be booked under section 351 that is Assault.

Section 351 of Indian Penal Code. "Assault"

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

Section 351 specifies certain essential elements in order to constitute an offence of assault-

1. Any gesture or any preparation

2. Such gesture or preparation is intending or knowing it to be likely to cause any person to apprehend use of criminal force against him.

Making any gesture or any preparation: 

It is essential that the accused must only make the gesture or prepare to cause harm to the victim. Hence, the apprehension of use of criminal force from the person making the gesture or preparation.

Section 351 of IPC defines assault as an offence and Section 352 of IPC prescribes punishment for the offence of assault.

He can also be booked under section 503 of the IPC.

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 punishment for the offence of criminal intimidation is laid down under Section 506 of the Indian Penal Code, 1860. 

The provision is divided into two parts:

  1. In simple cases of criminal intimidation, whoever commits criminal intimidation is liable to be punished with imprisonment for a period which may extend to two years, or a fine, or both. 

Classification of the offence: This part is a non-cognizable, bailable and compoundable offence. 

Triable by: Any Magistrate

2. If the threat is to cause:

  • Death or grievous hurt; 
  • Destruction of any property by fire; 
  • To cause an offence to be committed which is punishable with imprisonment up to a term of seven years, life imprisonment or death;
  • To attribute unchastity to a woman.

Then in the above-mentioned cases, the prescribed punishment is simple or rigorous imprisonment for a term extending to seven years; or a fine; or both.

The second part of the provision, as compared to the first part, deals with prescribing punishment for graver forms of criminal intimidation. 

I hope this was helpful

Thank you


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