BNS § 351 · In force since 1 July 2024
Section 351 BNS — Criminal intimidation
IPC 503, 506 and 507 in one section. The threat can now be made “by any means”; the punishments carry over.
In short
- Replaces
- IPC 506 — and 503 and 507, folded into one section
- Punishment
- Up to 2 years; up to 7 years for a threat to kill, cause grievous hurt or burn property
- Bail
- Bailable · non-cognizable
- Which law applies
- Offence before 1 July 2024 → IPC 506. On or after → BNS 351.
The text
(1)Whoever threatens another by any means, 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.
Explanation.—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.
(2)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.
(3)Whoever commits the offence of criminal intimidation by threatening 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.
(4)Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence under sub-section (1).
Sub-section (1) carries one illustration in the Act.
Source: Official BNS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
What changed from the IPC
Three IPC sections became one. The punishments did not move. The comparison below summarises the former IPC provisions; it is not a verbatim reproduction.
IPC 503
Threatening injury to a person, reputation or property with the specified intent to cause alarm or compel an act or omission.
BNS 351(1)“By any means” added
Whoever threatens another by any means, with any injury …
IPC 506
Up to two years, or fine, or both; up to seven years, or fine, or both for the listed aggravated threats.
BNS 351(2), (3)Renumbered
Same terms: two years; seven years for the graver threats.
IPC 507
Anonymous intimidation or concealment of name or abode: up to two additional years of imprisonment.
BNS 351(4)Renumbered
Same: up to two years more, on top of the punishment for the intimidation.
Bail, cognizance and court
| Section | Offence | Punishment | Cognizable | Bail | Tried by |
|---|---|---|---|---|---|
| 351(2) | Criminal intimidation | 2 yrs, or fine, or both | No | Bailable | Any Magistrate |
| 351(3) | Threat to cause death or grievous hurt, etc. | 7 yrs, or fine, or both | No | Bailable | Magistrate of the first class |
| 351(4) | Intimidation by anonymous communication, or concealing where the threat comes from | 2 yrs, in addition to the punishment under 351(1) | No | Bailable | Magistrate of the first class |
BNSS, First Schedule. Compoundable: 351(2) and 351(3) by the person intimidated, without the court’s permission (BNSS s. 359(1)). 351(4) is in neither table.
Which law applies
Which section do I charge?
IPC 506
Offence committed on or before 30 June 2024. FIR may be later.
BNS 351
Offence committed on or after 1 July 2024.
The date of the offence decides it — not the date of the FIR or complaint (BNS s. 358; Article 20(1) of the Constitution).
Charged together with 351
Questions advocates ask
Is BNS 351 bailable?
Under the central BNSS First Schedule, both 351(2) and 351(3), including the listed aggravated threats, are bailable and non-cognizable. For an older IPC 506 case, check the applicable CrPC provisions and any relevant State amendments.
Is a threat on WhatsApp or social media covered?
Yes. Section 351(1) covers a threat made “by any means”. If the sender hides their identity, 351(4) adds up to two years.
Can a 351 case be settled?
351(2) and 351(3) are compoundable by the person intimidated without the court’s permission. 351(4) is not in the compounding tables.