CRIMINAL INTIMIDATION

 CRIMINAL INTIMIDATION

INTRODUCTION

Chapter XXII of the Indian penal code deal with the offence of criminal intimidation section 503 to 510. The offence of criminal intimidation is one of the major growing offence in the society. The word intimidation means making someone frightened or to creat fear in the mind. Thus the criminal intimidation means creating fear or threatening a person to make the person to do any act whether the act is illegal or legal.

CRIMINAL INTIMIDATION (section 503)

Section 503 of the Indian penal code define the offence of criminal intimidation. This section sys that when a person threaten any to this person to cause any injury to his person , reputation or to his property or to any other person in whom such person to do with the intention of creat fear in his mind or make him to do or omit to do any act , in order to avoiding execution of such threat.

INGREDIENTS

(i) threaten any other person to ,

    - cause injury to person , reputation or property

    - to any other person in whom such person is intended 

(ii) with intent to causing fear in mind , or 

(iii)cause him to do which he is not legally bound to do , or omit to do.

To bring the offence within the scope of this section the accused mist threaten any other person with any injury. The word threat referd in this section must be one which done with the intention of influencing the mind of victim. It must not be one which impossible to do. Under this section it is not necessary that the injury should be caused by the person threaten , it may be caused by another person.

In case of Anuradha vs State of Maharashtra ( 1991CrLJ 410), where the head master of the school threatened a lady-teacher that until she signed certain paper in blank he would spoil her modesty. Supreme court held that this offence as well as offence of extortion made out.

INTENTIONAL INSULT WITH INTENT TO PROVOKE BREACH OF PEACE( Section 504)

 Section 504 punishes the person who Intentionally insult another with the knowledge that by such insult public peace may breach.

INGREDIENTS

(i) Intentionally insult any person

(ii) there must be knowledge on the part of the accused that by such insult public peace may breach.

To constitute an offence under this section prosecution must prove the aforementioned ingredeint. The insult must be such a nature that it provoke any person to breach the public peace. Mere using abusing word does not come within the preview of insult under this section .

In case of Shiv Sundar Bharti vs State of Bihar[2016 CrLJ 4761( pat)] , court observed that in order ti attract the ingredeint of an offence under this section it would necessary that the actual word used should be mentioned in the complaint ; otherwise it would be vary difficult for the court to decide whether such word is amount to insult or not. 

STATEMENT CONDUCING PUBLIC MISCHIEF( section 506)

This section intended to punish the person who publish or circulate any statement or rumore which may cause public mischief

Sub-section (1) of this section speaks about the publishing or circulating any statement or rumore with intent to cause mutany within the army,navy,air force or with intent to incite class or classes of person to commit offence against the state or with intent to cause communal hatred.

Sub-section (2) of this section speaks about the publish or circulating any statement or remove with intent to cause anmity,hatred or ill will between the difference race, religion,caste,residence and place of birth.

Whoever commit the such offence as aforesaid shall be punished with imprisonment which may extend to three year.

Sub- section (3) of this section says where a person commit the offense specified in sub-section (2) during any religion ceremony or during any religious performance .

Whoever commit the commit the offense specified in sub-section (3) shall be punished with imprisonment which may extend to five year and also liable for fine.

CRIMINAL INTIMIDATION BY ANONYMOUS COMMUNICATION.(section 507)

This section is the aggrieved form of offence under section 503 . Under this section a person intimidate any other person by anonymous communication or usses any means to conceal his identity from the person so intimidate.

To put the accused behind the bar prosecution must prove the following ingredeint

(i) there must be criminal intimidation

(ii) such intimidation must be anonymous communication

(iii) accused had taken precaution to conceal his name or identity.

Whoever commit the aforementioned offence shall be punished with imprisonment which may extend to two year with additional punishment for the offence of criminal intimidation.

ACT CAUSED BY INDUCING PERSON TO BELIEVE THAT HE WILL BE RENDERED AN OBJECT OF THE DIVINE DISPLEASURE ( section 508)

This section punishes the person who causes or attempt to cause any person to do anything which he not legally bound to do or omit to do which he legally entitled to do by the way of inducing that person to believe the he will render divine displeasure if the person does not do the things he wanted.

WORD, GESTURE OR ACT INTENDED TO INSULT THE MODESTY OF A WOMAN (section 509)

This section says that any person with the intention of outrage the modesty of a woman utters any sound, make any gesture or sound or exhibit any object with intent to heared or seen by such woman or intrides to privacy of such woman will be guilty of offence under thi section.

Whoever commit offence abovementioned shall be punished with imprisonment which may extend to three year and also liable for fine.

MISCONDUCT IN PUBLIC BY DRUNKEN PERSON. (section 510) 

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both