Sunday, May 26, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPCMODEL ANSWER

CRIMINAL INTIMIDATION

           

Explain in detail the offence of criminal intimidation given under section 503 of Indian Penal Code, 1860.

Right to live a dignified life is not only a fundamental right given under article 21 of the Indian Constitution but it is also a natural right as it has been given by the nature to each and every individual. This right includes right to live a peaceful life and without any fear. So, if any person tries to violate this right of another person by threatening him in any way, then in such a case, that accused person will be held liable for having committed the offence given under section 503 of the Indian Penal Code, 1860.

Section 503 of Indian Penal Code, 1860, deals with the provisions of Criminal Intimidation and according to this section if any person threatens another person with an injury to his person, reputation or property or to the person or reputation of that person in whom the former person is interested with an intention to cause alarm to an aggrieved person or to compel that person to do that act which he is not legally bound to do or to omit to do that act which he is legally bound to do, then in such a case, that person will be held liable for having committed the offence of criminal intimidation given under section 503 of the Indian Penal Code, 1860.

Moreover, according to the provisions of section 503 of Indian Penal Code, 1860, if an accused threatens to injure the reputation of a deceased person in whom the person threatened is interested, then also, an accused will be held liable for having committed the offence of criminal intimidation given under section 503 of Indian Penal Code, 1860.

 

For example: – A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. In this situation, A will be held liable for having committed the offence of criminal intimidation given under section 503 of the Indian Penal Code, 1860.

In the leading case of Amitabh Adhar vs. NCT of Delhi (2000), the Hon’ble Delhi High Court held that a mere threat does not amount to criminal intimidation. There must be an intention to cause alarm to the person threatened.

Moreover, in the leading case of Shri Vasant Waman Pradhan vs. Dattatraya Vithal Salvi (2004), the Hon’ble Bombay High Court held that an intention is the soul of criminal intimidation. It needs to be gathered by the surrounding circumstances.

 

According to the provisions of section 503 of Indian Penal Code, 1860, to held an accused liable for having committed the offence of criminal intimidation, it is necessary to prove the intention of an accused person. If the prosecution fails to prove the intention of an accused, then in such a case, benefit of doubt will be given an accused and he will be declared acquitted by the court.

Section 506 of the Indian Penal Code, 1860, prescribes the punishment for the offence of criminal intimidation. According to section 506 of Indian Penal Code, 1860, if any person commits the offence of criminal intimidation given under section 503 of Indian Penal Code, 1860, then in such a case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. But if an accused threats to cause death or grievous hurt or to cause any offence punishable with death or imprisonment with life or with imprisonment for a term which may extend to seven years, then in such a case, that accused will be punished with imprisonment of either description for a term which may extend to seven years or with fine or with both.

  

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