Section 506 of IPC provides for punishment for committing the offense of criminal intimidation. So, basically it talks about the punishment under Sec 506 IPC. I have explained in brief with case laws.
Section 506 – 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.
A bare reading of section 506 IPC discloses that the punishment prescribed in this section falls in two categories:
- in simple cases of criminal intimidation, the punishment is imprisonment for a term up to two years or fine or both, and
- if the threat to be (i) cause death of the threatened person, or grievous hurt, or destruction of property by fire, or (ii) to muse an offence to be committed which is punishable with death or life imprisonment or with imprisonment for a term up to seven years, or (iii) to impute unchastity to a woman; then the prescribed punishment is simple or rigorous imprisonment for a term up to seven years or fine or both.
IS A PERSON ACCUSED UNDER SEC 506 IPC ENTITLED FOR PROBATION?
The question of whether a person accused of committing the offence of criminal intimidation and convicted under Sec 506 IPC, is entitled to probation, has received two different types of treatment from the Supreme Court. It is interesting to note that both the cases involved intimidation of doctors.
In “Ramnaresh Pandey vs State of Madhya Pradesh” the accused was alleged to have intimidation a lady doctor, for which he was convicted by the trial court for an offence under section 506 of IPC and directed to be released on probation of good conduct for a year under Section 4 of the Probation of Offenders Act 1958. On appeal, the Assistant Sessions Judge altered the conviction to one under SECTION 506 IPC and set aside the probation ordered by the trial court and imposed a fine of fifty rupees.
The High Court confirmed this sentence. The Supreme Court, however, Stated that the Assistant Sessions Judge and the High Court had failed to see that the appellate court had partially allowed the appeal of the accused by converting the conviction from section 506 IPC, which was more stringent carrying a punishment of up to seven-year rigorous imprisonment and/or fine, to “506 IPC”, which permitted sentence of only up to two years’ rigorous imprisonment. Thus, having sentenced the accused to a less serious offence (i;e section 506 of IPC), the appellate court should not have set aside the probation ordered by the trial court.
CASE LAWS RELATED TO IPC 506 AND CRIMINAL INTIMIDATION
In “Raja Sbamappa v State of Maharashtra” the accused had been convicted for offences under section 302 read with section 34, IPC, as also with an offence under s 506(II), IPC. The Bombay High Court felt that the trial judge had convicted the accused under section 302 read with section 34, IPC, should not have convicted for an offence under Section 506 of IPC read with section 34, IPC. Hence, the accused was acquitted of the offence.
In “Keshav Baliram Naik v State of Maharashtra” the accused was alleged to have touched the hand of the prosecutrix, a blind girl, when she was asleep, removed the quilt and put his hand in her midi (dress). He threatened to kill her if she disclosed his name. However, the prosecutrix shouted due to which her parents woke up and reprimanded the accused. The trial court had convicted the accused for offences under section 457 (with a sentence of two years’ rigorous imprisonment and fine of Rs 2,000).
In a similar case involving entering a house in the night armed with a knife, and threatening the inmates with death, the conviction under “Sec 506” (II) was held applicable and proper.
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THIS ARTICLE IS WRITTEN WITH THE REFERENCE OF PSA PILLAI OF IPC.