Section 351 Of BNS—Here’s What Criminal Intimidation Really Means

What Does Section 351 of BNS Actually Say?

Section 351 says that criminal intimidation happens when someone threatens another person—or someone close to them—with harm to their:

• Body
• Property
• Reputation

The key here is intent. If the purpose of the threat is to scare the person or pressure them into doing something they’re not legally required to do (or to stop them from doing something they have a right to do), it becomes a criminal offense.

And here’s the most important part: It doesn’t matter if the threat is carried out or not. The threat itself is enough.

A Realistic Example That Helped Me Understand It

Let’s say:

A threatens B: “If you don’t drop the lawsuit, I’ll burn down your house.”

This is a classic case of criminal intimidation under Section 351, because:

A has threatened harm (burning down B’s house)
The threat was made to coerce B into giving up a legal right
The act of threatening alone is punishable—even if the fire never happens

I found this example in an old commentary, and it made the concept click for me.

What Makes an Action a Crime Under Section 351?

While reading the section, I broke it down into a checklist. Here’s what needs to be present for someone to be charged:

• A clear threat: Using words, gestures, or actions
• Targeted harm: To the victim, their family, their reputation, or their belongings
• Intent to alarm: The purpose of the threat is to cause fear or anxiety
• A motive to coerce: Forcing the person to do (or not do) something they are legally entitled to

Punishment Under Section 351: What Happens If You’re Convicted?

This is where things get serious. Section 351 has two levels of punishment based on how severe the intimidation is.

For Basic Threats

If someone just issues a threat (with intent to coerce), they can face:

• Up to 2 years in jail
• Or a fine
• Or both

This applies even if the threat was verbal and not carried out.

For Serious or Aggravated Threats

If the threat includes things like:

• Threatening to kill or cause serious injury
• Setting fire to property
• Threatening to commit crimes punishable with life imprisonment or up to 7 years
• Threatening a woman’s dignity or chastity

Then the punishment increases to:

• Up to 7 years in prison
• A fine
• Or both

What stood out to me is how the law gives more protection to women and people being threatened with serious harm—even when it’s only a threat.

How Is This Different from the Old IPC?

I cross-checked this with Section 503 of the Indian Penal Code (now repealed). Section 351 of BNS:

• Uses clearer, modern language
• Makes it easier to apply in real-world scenarios
• Explicitly includes threats to a woman’s modesty as a serious offense
• Classifies different levels of threat for better proportional punishment

The structure is cleaner, and I think it’s easier now to explain such cases in court or to the police.

Why Understanding Section 351 Matters?

Section 351 isn’t just about preventing violence only, It is also about stopping the manipulation, coercion, and abuse of power done by accused in families, at workplaces, or during legal disputes also.

People often dismiss threats as “just words,” but this law takes those words seriously—especially when they’re used to scare someone out of exercising their legal rights.

Final Takeaways from My Research

Criminal intimidation is punishable even if the threat isn’t carried out
Threats to reputation, property, or a family member are all included
Intent and coercion are key—accidents or jokes don’t count unless there’s real pressure
Stronger punishment is given if the threat is violent or targets a woman’s safety
The law is designed to prevent fear-based control, not just punish after harm is done

If you’re dealing with a situation where someone is threatening you, this section gives you solid legal ground to take action—even if they haven’t physically harmed you yet.

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FAQs

1. What evidence is needed to prove criminal intimidation?

Key evidence may include:

• Text messages, call recordings, emails, or witness testimonies
• CCTV footage or chat logs
• A clear indication of intent to threaten and coerce

Courts assess whether the threat created genuine fear and was meant to obstruct lawful action.

2. Can I be punished under Section 351 if I was joking?

Not necessarily. For a conviction, the prosecution must prove intent to threaten or cause alarm. If the words or gestures were clearly in jest, lacked coercive intent, and did not cause fear, they may not qualify as criminal intimidation.

3. How is criminal intimidation different from extortion?

Criminal intimidation under Section 351 involves threats made to create fear or coerce a person into doing or avoiding something. Extortion (under a different section of BNS) involves threats used specifically to obtain money, valuables, or property.

So, intimidation is about coercion; extortion is about unlawful gain through coercion.