IPC Section 506 lays down the punishment for the offence of criminal intimidation which is defined under section 503. Section 506 says that whoever commits the offence of criminal intimidation shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both; and if the threat under the offence of criminal intimidation be either to cause death or grievous hurt, or to cause destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term extending up to seven years, or to impute unchastity to a woman, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, or with fine, or with both.
The section contemplates that the offender must threaten another with any injury to his person, reputation or property, or to the person or reputation, and not to property, of any one in whom that person is interested. The intention of the offender must be to cause alarm to the person threatened, or to cause the person threatened either to do any act which he is not legally bound to do, or to omit to do any act which he is legally entitled to do, as the means of avoiding the execution of such threat.
The word ‘injury’ has the same meaning as given under section 44 of the Code, and therefore, threatening with divine displeasure or spiritual hardship and the like, cannot form the basis of any guilt for criminal intimidation. The language of the section unambiguously says that if the offender threatens not the victim but anyone in whom the victim is interested then the threat must be to the person or reputation of such person and threat to property has been deliberately omitted from this part of the section.
Whereas the normal punishment for the offence of criminal intimidation provided under the first part of the section seems neither lenient nor stern, the one under the latter part being an aggravated form of the offence wherein the circumstances in which that part would be applicable have been clearly stated, has been visited with a sterner penalty. Entering a house at midnight armed with a knife and threatening with death anyone who dared to come between the accused and the victim has been held to be punishable under this section.
The offence under this section is non-cognizable, bailable and compoundable, and is triable by any magistrate. If the threat be to cause death or grievous hurt etc. as stated under the second part of the section, the offence is non-compoundable and triable by magistrate of the first class.
Section 504 IPC as defined in the code provides punishment to, “whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.
For a better understanding of sec 504 IPC, it is necessary to know what does the term ‘insult’ actually mean and how it become severe in nature that can even make a person liable for committing a criminal offence.
#law #lawyer #legal #lawyers #attorney #lawschool #lawstudent #lawfirm #lawyerlife #justice #direito #advocate #lawyersofinstagram #covid #court #clat #supremecourt #business #personalinjury #lawstudents #advocate #lawyer #law #legal #lawyers #lawschool #supremecourt #advocacy #lawyerlife #lawstudent #supremecourtofindia #lawfirm #clat #indianlaw #love #judiciary #highcourt #indianlawyer #mentalhealth #justice #advocates #support #attorney #legalnews #court #lawyersofinstagram #lawstudents #lawupdates #awarenessawfirm #lawyer #law #attorney #lawyers #legal #lawyerlife #lawyersofinstagram #personalinjury #justice #attorneyatlaw #litigation #attorneys #lawschool #lawstudent #lawyering #advocate #legaladvice
section 305 of ipc = • Section 305 of Indian Penal Code, धारा 305...
section 146,147,148 & 149 ipc riot = • Section 146,147,148 &149 of Ipc,what is ri...
[email protected]
facebook- / 112009333897. .
Keep supporting
Thanks
Aashi vlogs
Информация по комментариям в разработке