Definition
Threatening another with injury to person, property, or reputation to cause alarm or compel action.
Threatening another with injury to intimidate them into doing or omitting something they have a right not to do or omit.
Statutory Definition
BNS 2023, Section 351 (formerly IPC Section 503).
Etymology & Origin
From Latin 'intimidare' (to make afraid — from 'in', into, and 'timidus', fearful — from 'timere', to fear). 'Intimidation' is the making of a person fearful — causing them to feel 'timid' (afraid). In law, 'criminal' qualifies the intimidation as one that uses the threat of injury unlawfully, distinguishing it from lawful warnings (e.g., a lawyer warning a client of legal consequences).
Full Legal Analysis
Criminal intimidation is defined in Section 351 of the BNS, 2023 (formerly Section 503 IPC): whoever threatens another with any injury to that person, or to any person in whom that person is interested, or to the reputation of any such person, with intent to cause alarm to the person so threatened, or to cause that person to do any act which that person is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. The key elements: (1) A threat of injury — to the person, their property, or their reputation; (2) Intent to cause alarm or coerce — the threat is made with the intention of causing fear or of compelling the victim to act or omit; and (3) The act or omission the victim is coerced to do must be something the victim is not legally bound to do (or omit).
Nature of the threat: the threat may be to injure the person physically, to destroy their property, or to harm their reputation (e.g., threatening to expose embarrassing information). The injury threatened need not be immediate — threats of future injury are sufficient. Threats to third parties (family members, colleagues) whom the victim cares about also constitute criminal intimidation if they are used to coerce the victim.
The Supreme Court held that for criminal intimidation, the prosecution must prove not only that a threat was made but also the intent to cause alarm to the threatened person, or to coerce the person into doing or omitting something. A threat made in the heat of passion without any intention to carry it out or to cause alarm — a momentary angry outburst — may not constitute criminal intimidation. The Court emphasised that the intent element is central: if the accused merely expressed anger without intending to alarm or coerce, the offence is not made out. However, context matters — a calm, deliberate threat in a meeting is more clearly criminal intimidation than an emotional outburst.
Criminal intimidation vs extortion: extortion (Section 308 BNS) requires both the threat and the delivery of property or a valuable security. Criminal intimidation (Section 351 BNS) is the broader offence — it covers threats intended to cause alarm or to coerce action/omission, whether or not property is delivered. If the person is put in fear and hands over property, it is extortion; if the person is put in fear but no property is demanded or delivered, it is criminal intimidation.
For advocates, criminal intimidation cases arise in: (1) debt recovery threats — moneylenders threatening bodily harm or property destruction to recover loans; (2) domestic disputes — threats by spouses during matrimonial proceedings; (3) whistleblower intimidation — threatening employees who report financial irregularities; (4) corporate bullying — threats by dominant parties in commercial disputes; and (5) as a component of other charges — criminal intimidation is often charged alongside cheating, extortion, or dacoity.
This Term in Indian Statutes
Bharatiya Nyaya Sanhita, 2023, 2023
"Whoever threatens another with any injury to that person, or to any person in whom that person is interested, or to the reputation of any such person, with intent to cause alarm to the person so threatened, or to cause that person to do any act which that person is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."
Romesh Chandra Arora: intent to alarm or coerce essential — angry outburst without intent is not CI; threat to reputation included; criminal intimidation vs extortion — whether property delivered; aggravated threat 7 years
