Section 506 of IPC
Section 506 of IPC, 1860 deals with the punishment for Criminal Intimidation.
Criminal intimidation is defined under section 503 of IPC as Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of anyone 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.
Table of Contents
 |
| Section 506 of IPC: Criminal Intimidation |
Section 506 of IPC - Punishment for criminal intimidation - 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; If threat is to cause death or grievous hurt, etc.—And if the threat be 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 1[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.
Example - if Person A, who is the brother of Person B is induced or forced to do an act which he would have avoided in his own course of action, or have performed with his own will, such a person inducing Person A will be liable to punishment for committing the offence of Criminal Intimidation.
Section 506 of IPC can be classified into two parts;
1. The first part of section 506 of IPC, 1860 has been stated that when a person is guilty of the offence of criminal intimidation then he/she shall be punished with imprisonment for a term which may extend to two years or with a fine, or with both imprisonment or fine for the offence.
2. The second part of section 506 of IPC is attracted if a person threatens to cause death or grievous injury or destruction of any property by fire. The offence is punishable with imprisonment for a term which may extend to seven years or a fine or both for the crime.
The offence under sender section 506 of IPC is non-cognizable, available and compoundable by the person who was intimidated when it falls under the first part of section 506. Whereas, the second part of section 506 is non-cognizable, available and non-compoundable by the person who was intimidated.
Whereas the first part of section 506 is a compoundable offence in that the parties compromise and settle the matter and the complainant agrees to settle the matter and drop all the charges against the accused.
Moreover, the second part of section 506 of iPC is non-compoundable.
| Offence | Criminal Intimidation | If threat to be cause if the threat be to cause death or grievous hurt |
| Punishment | Upto 2 years or Fine or with both | Upto 7 years or Fine or with both |
| Cognizance | Non-cognizable | Non-cognizable |
| Bail | Bailable | Bailable |
| Triable by | Any Magistrate | Magistrate of First Class |
| Compoundable | Compoundable | Non-Compoundable |
Important Judgments
Vikram Johar v/s State of Uttar Pradesh
In the case of Vikram Johar v/s State of Uttar Pradesh, the Supreme Court held that the simple use of abusive language does not meet the minimum requirements for the offence of Criminal Intimidation. In this case, the accused was charged with entering the plaintiff's house and abusing with vulgar language while holding a gun towards the complainant. Even though the complainant threatened to attack the victim, he left the scene when the neighbours came. The bench determined that, at least on the surface, none of those mentioned above assertions amounts to an offence under section 506 of IPC.
Romesh Chandra v/s State, 1960
In Romesh Chandra v/s State, 1960, the Supreme Court observed that the simple use of abusive language falls short of the legal standard for criminal intimidation. The accused was charged with breaking into the victim's home while brandishing a revolver and using vulgar language to the Complainant. The accused left the situation when the neighbours arrived there after threatening to assault the complainant. The court found that none of those mentioned allegations not proved at least on the surface for constitutes an offence under section 506 of IPC.
Ghanshym v/s State of Madhya Pradesh, 1989
In this case, it was held that the accused entered the residence of the complainant at night and was armed with a sword. The accused threatened the victim to kill. This was held to be criminal intimidation under the second part of section 506 of IPC.
Frequently Asked Questions
Is IPC section 506 bailable?
In the first Schedule to the Criminal Procedure Code, 1973, the offence under Section 506 IPC is described as non-cognizable and bailable, but by virtue of Sec. 10 of the Act of 1932, the same has been declared for the entire Uttar Pradesh as cognizable and non-bailable by the notification of August 2, 1989.
What is Section 504 and 506 of IPC?
504 is an Insult intended to provoke breach of peace and 506 is criminal intimidation both of which are bailable. After registration of the crime, the accused can seek bail from the court. After that, the Police will investigate and file the chargesheet in a reasonable period of time.
Can 506 be quashed?
If the content of the FIR discloses that the alleged offence falls under the first part of section 506, IPC, then it is compoundable. In this case, the accused and the complainant may settle and further submit their Settlement Agreement in the Hon'ble Court of the concerned Magistrate.
Is 506 PPC bailable?
All the offences in the crime report except Sections 506(ii) and 440 PPC are bailable.
Conclusion
Section 506 of IPC is divided into two parts, where the first part of this section is a lesser form of the offence and whereas the second part of the offence under this section 506 is a graver form of criminal intimidation and thus punishment for the first part of section 506 is up to 2 years of imprisonment and the punishment for the second part of section 506 is up to 7 years of imprisonment.