BACK TO SECTIONS(2015) 7 SCC 423
Bailable (Part 1) / Non-Bailable (Part 2)Cognizable: Non-Cognizable (Part 1) / Cognizable (Part 2)Any Magistrate
THE STATUTE
Original Text
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; 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 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.
Simplified
Section 506 provides a two-tier punishment for criminal intimidation (defined in Section 503). Part 1 — ordinary threats: up to 2 years, bailable, non-cognizable. Part 2 — threats of death, grievous hurt, arson, or imputation of chastity: up to 7 years, non-bailable, cognizable. The dramatic escalation for threats of lethal violence reflects the law's categorical condemnation of deadly threats. IMPORTANT STATE VARIATION: Some states like UP and Uttarakhand have amended Section 506 Part 1 to be cognizable and non-bailable through state notifications — creating a trap where legal status varies by state.
Legal Evolution
Manik Taneja v. State of Karnataka (2015) — the Supreme Court held that not every harsh statement is criminal intimidation; the threat must be genuine and intended to cause the victim to comply with a demand.
Landmark Precedents
Manik Taneja v. State of Karnataka (2015)
RELEVANCE
Not every harsh statement is criminal intimidation — the threat must be genuine and intended to cause the victim to comply with a demand.
Practical Scenarios
"Sending a message 'I will kill you if you testify in court' — Section 506 Part 2 (up to 7 years)."
"Threatening to burn down a person's shop unless they vacate — Section 506 Part 2."
"A landlord threatening a tenant with physical harm to pay an illegal amount — Section 506."
Common Queries
Yes — threats sent via WhatsApp, email, or social media constitute criminal intimidation under Section 506.
No — this is a common legal pitfall. In states like UP, Section 506 Part 1 is Cognizable and Non-Bailable by state notification, unlike its Non-Cognizable Bailable status at the national level.