Section 503 IPC Criminal Intimidation and Section 506 Punishment
Section 503 of the Indian Penal Code, 1860 defined criminal intimidation. Section 506 prescribed punishment for the offence, with a higher maximum punishment for specified serious threats.
Section 503 IPC - Criminal intimidation
A person committed criminal intimidation if he threatened another with injury to that person's person, reputation or property, or to the person or reputation of anyone in whom that person was interested, with the intent required by Section 503.
The required intent was to cause alarm to the person threatened, or to cause that person to do an act which the person was not legally bound to do, or to omit an act which the person was legally entitled to do, as the means of avoiding execution of the threat.
Essential ingredients of criminal intimidation
A threat
There must be a threat of injury falling within the categories stated in Section 503.
Person, reputation or property
The threatened injury may concern the person, reputation or property of the person threatened.
Person in whom the victim is interested
The threat may also concern the person or reputation of someone in whom the person threatened is interested.
Required intention
The threat must carry the statutory intent to cause alarm, or to compel an unlawful act or legally impermissible omission described in Section 503.
Intent to cause alarm or compel conduct
The definition is not limited to threatening words in the abstract. Section 503 connects the threat with a particular intention. The threat must be made with intent to cause alarm, or to make the threatened person do something that person is not legally bound to do, or omit something that person is legally entitled to do, as the means of avoiding the threatened consequence.
Threat to reputation of a deceased person
The Explanation to Section 503 expressly provided that a threat to injure the reputation of a deceased person in whom the person threatened was interested was also within the section.
Illustration under Section 503 IPC
The statutory illustration gives the example of A threatening to burn B's house in order to induce B to desist from prosecuting a civil suit. The illustration states that A is guilty of criminal intimidation.
Section 506 IPC - Punishment for criminal intimidation
Section 506 contained two levels of punishment depending on the nature of the threat.
| Type of criminal intimidation | Maximum punishment under Section 506 IPC |
|---|---|
| Ordinary criminal intimidation | Imprisonment of either description up to two years, or fine, or both |
| Threat to cause death or grievous hurt; destruction of property by fire; commission of an offence punishable with death, imprisonment for life, or imprisonment up to seven years; or imputation of unchastity to a woman | Imprisonment of either description up to seven years, or fine, or both |
When could punishment extend to seven years?
The aggravated part of Section 506 applied where the threat was of one of the serious kinds specifically identified by the section. These included a threat to cause death or grievous hurt, destroy property by fire, cause an offence carrying the specified serious punishment, or impute unchastity to a woman.
The original IPC text historically used the expression "transportation"; this was replaced by "imprisonment for life" by the 1955 amendment reflected in the statutory text.
Pre-BNSS CrPC classification of Section 506 IPC
Under the central First Schedule to the Code of Criminal Procedure, 1973, criminal intimidation under the ordinary limb of Section 506 was classified as non-cognizable and bailable and was triable by any Magistrate. The aggravated form carrying punishment up to seven years was also shown as non-cognizable and bailable under the central schedule and was triable by a Magistrate of the First Class.
| Section 506 category | Central CrPC classification | Bail | Trial court |
|---|---|---|---|
| Ordinary criminal intimidation - punishment up to two years | Non-cognizable | Bailable | Any Magistrate |
| Aggravated threat - punishment up to seven years | Non-cognizable | Bailable | Magistrate of the First Class |
Compounding of an offence under Section 506
Under Section 320 CrPC, criminal intimidation punishable under the ordinary part of Section 506 could be compounded by the person intimidated. The CrPC table excluded the form of Section 506 punishable with imprisonment for seven years from that ordinary compounding entry.
Section 503 and Section 506 - definition and punishment
| Provision | Purpose |
|---|---|
| Section 503 IPC | Defined the offence of criminal intimidation and the required threat and intention. |
| Section 506 IPC | Prescribed punishment for criminal intimidation, including the enhanced maximum punishment for specified serious threats. |
| Section 507 IPC | Dealt with criminal intimidation by anonymous communication or concealment of the name or abode of the person from whom the threat came. |
Difference between criminal intimidation and intentional insult
Criminal intimidation under Section 503 focuses on a threat of injury accompanied by the statutory intent. Section 504 IPC, by contrast, dealt with intentional insult giving provocation, with the intention or knowledge described in that provision that the provocation would cause a breach of the public peace or another offence.
See Sections 504 and 505 IPC - intentional insult and statements conducing to public mischief.
Anonymous criminal intimidation under Section 507 IPC
Section 507 separately addressed criminal intimidation by anonymous communication or where a person took precautions to conceal the name or abode of the person from whom the threat came. It provided an additional punishment beyond the punishment available under Section 506.
Read the related page on Sections 507, 508, 509 and 510 IPC.
Frequently asked questions
What was criminal intimidation under Section 503 IPC?
It involved a threat of injury to the specified person, reputation or property interests, made with the statutory intent to cause alarm or to compel the threatened person to do or omit an act in the manner described by Section 503.
What was the punishment for ordinary criminal intimidation?
Under the first part of Section 506 IPC, imprisonment of either description could extend to two years, or fine could be imposed, or both.
When could Section 506 punishment extend to seven years?
The higher maximum applied to the serious threats specifically listed in the second part of Section 506, including threats of death, grievous hurt and destruction of property by fire.
Could a threat to reputation amount to criminal intimidation?
Yes. Section 503 expressly included injury to reputation. Its Explanation also included a threat to injure the reputation of a deceased person in whom the threatened person was interested.
Was Section 506 IPC bailable under the central pre-BNSS CrPC schedule?
Yes. The central First Schedule classified both the ordinary and aggravated Section 506 entries as bailable. Local amendments applicable to the jurisdiction and date of the case should also be checked.
Was Section 506 IPC cognizable under the central CrPC schedule?
The central First Schedule classified the Section 506 entries as non-cognizable. State-specific changes may affect the answer in particular jurisdictions.
Legal note: This page explains the IPC and CrPC framework applicable before commencement of the BNS and BNSS. The law applicable to an individual matter depends on the date, place and facts of the alleged offence, procedural history, applicable State amendments and statutory saving provisions.