IPC SECTION 506, 503:
IPC section 506 talks about the punishment for criminal intimidation under Indian Penal Code. The Indian penal code (IPC) is the main criminal code of India. It a comprehensive code intended to cover all substantive aspects of criminal law. In short it describes crimes and the punishment for it.
IPC section 503 – CRIMINAL INTIMIDATION:
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation 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.
IPC section 506 – 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; (1st Offence)
If threatened 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 imprisonment for life, of 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. (2nd Offence)
Punishment for Offence committed:
- Criminal intimidation – 2 Years or Fine or Both. (1st Offence)
- If threat be to cause death or grievous hurt, Etc. – 7 Years or Fine or Both. (2nd Offence)
WHETHER OFFENCE IS BAILABLE OR NON-BAILABLE:
|1st Offence – Non Cognizable||Bailable||Any Magistrate|
|2nd Offence – Non Cognizable||Bailable||Magistrate First Class|
Offence under this Section ,non-cognizable, bailable, compoundable by the person intimidated when it falls under the former part (1st Offence) of the Section and non-compoundable when it falls under the later part (2nd Offence) of the Section.
However, the offence under the later portion (2nd Offence) of this Section cannot legally compound under Sec.320 of the Code of Criminal Procedure, a withdrawal from the prosecution may allow in a proper case. However, State of Uttar Pradesh had made a State amendment to Sec.506 IPC vide notification note No.777/VIII 9-4(2)-87 dated 31.7.1989 published in U.P. Gazette, Extra., Pt A, Sec.(Kha) dated 2.8.1989 making the offence punishable with imprisonment of 7 years or fine or both and further making the offence cognizable ; non-bailable and non-compoundable. The query did not state by which court the bail refuse. If the bail refuse by the court of Magistrate of First Class, suitable proceedings may institute in the Sessions Court and if not successful, the matter may thereafter carry to the High Court etc.,
Thus under Composition Schedule of Sec. 320 Cr PC, offence is compoundable by the person who felt the criminal intimidation.
Compoundable offence – Offence, where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.
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