BACK TO SECTIONSAIR 1960 SC 154
BailableCognizable: Non-CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 503/506 to BNS 351.
2
Online/digital threats fully covered — 'electronic means' additions.
THE STATUTE
The Clause
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation or property of any one 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.
Legal Commentary
Section 351 defines criminal intimidation — commonly called 'threatening' — and is among the most widely invoked provisions in India's criminal courts. The section has three elements: (i) a threat of injury (to person, reputation, or property — including threats against loved ones); (ii) an intention to cause alarm; and (iii) an intent to coerce the victim into doing something they are not legally bound to do, or omitting something they are legally entitled to do. The section is comprehensive in the scope of what counts as a threat: physical threats ('I will kill you'), reputation threats ('I will spread rumours about you'), property threats ('I will burn your house'), and threats extended to people the victim cares about (family, friends). This makes BNS 351 applicable across a remarkably wide range — from physical intimidation by money lenders to online harassment campaigns threatening reputation, to corporate disputes where one party threatens to 'destroy' the other's business. The two-tier punishment structure (2 years for general threats, 7 years for threats to kill/cause grievous hurt or destroy property) reflects the spectrum of severity. The non-cognizable status means that a magistrate's order is needed before police can register a formal case — a significant procedural hurdle that often results in threats being under-prosecuted.
Landmark Precedents
Romesh Chandra Arora v. State (1960)
RELEVANCE
Criminal intimidation requires the threat to be communicated with specific intent to cause alarm or coerce — a general angry outburst without this intent may not constitute BNS 351.
Case Simulations
"A creditor who tells a borrower 'Pay me or I will kill your family' — BNS 351 (enhanced, up to 7 years)."
"An employer who tells an employee 'If you report this to HR, I will make sure you never work again in this industry' — BNS 351."
"An online troll who sends a journalist repeated messages threatening to publish false information about them unless they stop reporting on a particular story — BNS 351."
"A man who tells his ex-partner 'If you don't come back to me, I will burn your parents' house' — BNS 351, aggravated category."
Expert Insights
Yes. Threats made through any medium — electronic, verbal, written — constitute criminal intimidation if they meet the other elements of the offence. A credible death threat via WhatsApp message is covered under BNS 351.
Threatening to pursue legal action or business competition is generally not criminal intimidation, as these are lawful exercises of rights. However, threatening to fabricate legal cases, to file frivolous complaints as harassment, or to cause unlawful financial harm crosses the line into criminal intimidation.