What is Section 506 IPC Bare Act?
Section 506 IPC Bare Act is the exact text of the Section 506 of the Indian Penal Code (IPC 506), passed by the Indian Legislature or Parliament. Thus, it is a replica of the original Section 506 of the Indian Penal Code available to the people of India by the Indian legislature or Parliament.
Section 506 IPC Bare Act (As Per the Indian Legislature or Parliament)
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;
If threat be 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, 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.
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Definition of Section 506 IPC
Section 506 of the Indian Penal Code (IPC 506) deals with the offence of criminal intimidation. It defines criminal intimidation as the act of threatening someone with injury to their body, reputation, or property with the intention of causing fear or compelling the person to do something against their will. The section also covers the act of knowingly giving false information which may cause a person to be apprehensive about their safety or property. The offence is punishable with imprisonment for up to two years, a fine, or both. If the threat is to cause death, grievous hurt, or other serious harm, the punishment can be up to seven years of imprisonment, a fine, or both.
Under Section 506 of the Indian Penal Code (IPC 506) criminal intimidation is an offence where a person intentionally makes a threat to another person with the intention of causing him or her to do something which they are not legally bound to do, or to omit doing something which they are legally entitled to do. The section defines the punishment for this offence. If the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire or any explosive substance, then the offence is considered more serious and carries a higher punishment, then the punishment may extend to seven years of imprisonment, or with fine, or with both.
Essential Elements of Section 506 IPC
Section 506 IPC deals with the offence of criminal intimidation. The essential elements of the offence under IPC Section 506 are:
- Threatening: The accused must have threatened the victim with either death, serious injury, or serious harm to another person or damage to their property.
- Fear: The threat must have created a reasonable apprehension of injury or harm in the mind of the victim. Fear should not be imaginary or hypothetical, but based on real or actual danger.
- Intention: The accused must have intended to cause the victim to fear for their safety or to compel them to do something that they would not have done or refrain from doing otherwise.
- Communication: The threat must have been communicated to the victim either verbally, in writing, or through any other means of communication.
- Causation: The threat should have resulted in the victim being compelled to act or refrain from acting in a certain manner. The victim’s response need not be immediate or direct, but should be a result of the threat.
Examples of Section 506 of the IPC
Here are a few examples of cases where Section IPC 506 was applied:
- A person threatens to kill his neighbor if he does not sell his property at a lower price than market rates. This is an example of criminal intimidation under Section 506 IPC.
2. A politician threatens a journalist to not report about his involvement in a scam. This can also be considered as criminal intimidation under IPC Section 506.
3. A husband threatens his wife to withdraw her complaint of domestic violence, or else he will harm her or their children. This is another example of criminal intimidation under IPC 506.
4. A group of people threaten to harm a person from a different community or religion, leading to fear and panic among the targeted group. This can also be considered as criminal intimidation under Section 506 of the Indian Penal Code.
5. An employer threatens his employee to withdraw his complaint of sexual harassment or face consequences at the workplace. This can also be considered as criminal intimidation under Section 506 of the IPC.
Section 506 IPC Punishment ?
Section 506 of the Indian Penal Code (IPC 506) provides for punishment for criminal intimidation. The punishment for the offence of criminal intimidation under Section 506 IPC depends on the nature of the threat given by the accused.
1) If the threat is to cause death or grievous hurt, or to commit any offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years or more, or in other words, the offence which is considered as a non-bailable and cognizable offence then punishment for such an offence under IPC Section 506 can be imprisonment for a term which may extend to seven years, or with fine, or with both.
2) If the threat is to cause simple hurt or wrongful restraint or to damage property, or in other words, the offence which is considered as a bailable and non-cognizable offence then punishment for such an offence under Section 506 IPC can be imprisonment for a term which may extend to two years, or a fine, or both.
Is IPC 506 Bailable or Not?
As per the Indian Penal Code, Section 506 IPC is a bailable offense. However, the granting of bail depends on the discretion of the court and the specific circumstances of the case. In some cases, the court may impose certain conditions while granting bail, such as surrendering of passport or personal bond. It is important to note that if the threat involves the possibility of causing death or grievous hurt.
Section 506 IPC Compoundable or Not?
The criminal intimidation under Section 506 IPC is compoundable offence, if the threat is to cause simple hurt or wrongful restraint or to damage property, or in other words, the offence which is considered as a bailable and non-cognizable offence.
The criminal intimidation under IPC 506 may be considered non-compoundable offence, If the threat is to cause death or grievous hurt, or to commit any offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years or more, or in other words, the offence which is considered as a non-bailable and cognizable offence.
Section 506 IPC Cognizable or Not?
Section 506 of the Indian Penal Code (IPC 506) is a non-cognizable offence, which means that the police cannot arrest an accused without a warrant issued by the court or a magistrate. The police can only begin an investigation into the offence based on a complaint filed by the victim or someone authorized by the victim.
Section 506 IPC Judgments / Rulings
IN THE SUPREME COURT OF INDIA :
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