BNS Section 351(1): Criminal Intimidation Explained
- Thota Devaraju
- 1 day ago
- 3 min read
Updated: 7 hours ago
Introduction
With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, India’s criminal law framework has undergone significant reform, replacing the Indian Penal Code (IPC). One important provision that directly impacts individuals, businesses, property owners, and senior citizens is Section 351(1) – Criminal Intimidation.
Understanding this section is crucial, especially in matters involving:
Property disputes
Financial recovery conflicts
Family settlement issues
Business disagreements
Tenant-landlord conflicts
Senior citizen property protection
This article provides a complete breakdown of BNS 351(1) in simple yet professional language.
What is Section 351(1) of BNS?
Section 351(1) defines Criminal Intimidation.
A person commits criminal intimidation when they:
Threaten another person with injury to their body, reputation, or property, or to the body, reputation, or property of someone in whom that person is interested, with the intention to cause alarm or to compel them to do or not do something legally entitled to do.
In simpler terms:
If someone threatens you to scare you or force you into doing something (or stopping something) through fear — it may amount to criminal intimidation.
Essential Ingredients of BNS 351(1)
To establish criminal intimidation under Section 351(1), the following elements must exist:
1️⃣ Threat
There must be a clear threat — verbal, written, digital, or symbolic.
2️⃣ Nature of Threat
The threat must relate to:
Physical harm (assault, injury, violence)
Property damage
Reputation harm (defamation, social humiliation)
Harm to someone closely connected to the victim
3️⃣ Intention
The threat must be made:
To cause alarm
To force the person to act against their will
To prevent them from exercising their legal rights
4️⃣ Impact
Actual harm is not required — even causing fear or alarm is sufficient.
Punishment Under BNS 351
Punishment depends on the severity of the threat:
🔹 Basic Criminal Intimidation
Imprisonment (which may extend up to 2 years), or fine, or both.
🔹 Aggravated Threat
If the threat involves:
Death
Grievous hurt
Destruction of property by fire
Commission of serious offences
Punishment may extend up to 7 years imprisonment, along with fine.
Practical Examples (Real-Life Scenarios)
✅ Property Dispute
A co-owner threatens another co-owner saying:“If you don’t sign this release deed, I will ruin your reputation.”
This may fall under BNS 351(1).
✅ Business Conflict
A contractor threatens to physically harm a developer unless payment is released immediately — criminal intimidation.
✅ Senior Citizen Harassment
Children or relatives threatening parents to transfer property — punishable under this section.
✅ Tenant-Landlord Issue
Threatening eviction through violence rather than due legal process.
Is Criminal Intimidation a Cognizable Offence?
Depending on the severity:
Basic intimidation may be non-cognizable
Serious threats (death, grievous injury) may become cognizable
Police action depends on the gravity and specific circumstances.
How to Prove Criminal Intimidation?
Evidence may include:
WhatsApp chats
Call recordings
Email messages
Witness statements
CCTV footage
Social media messages
Proper documentation and legal strategy are crucial.
Difference Between IPC 503 and BNS 351
IPC 503 (Old Law) | BNS 351 (New Law) |
Defined Criminal Intimidation | Continues concept with modern structure |
Applied under IPC | Now governed by BNS 2023 |
Similar framework | Streamlined and updated language |
The core principle remains similar, but BNS modernizes and restructures the provision.
Why This Section is Important in Property & Civil Disputes
Many people believe intimidation is only physical violence. However:
Forcing signature through fear
Threatening to file false cases
Blackmailing through reputation damage
Pressuring legal heirs
All can attract criminal liability under Section 351(1).
This provision protects:
Property owners
Women
Senior citizens
Business partners
Investors
What Should You Do If You Face Criminal Intimidation?
Do not retaliate.
Preserve all evidence.
Document dates and incidents.
Send legal notice (if advised).
File police complaint under BNS 351.
Seek legal consultation immediately.
Early legal intervention prevents escalation.
Preventive Legal Advisory for Property & Business Owners
To avoid disputes escalating into criminal matters:
✔ Use properly drafted agreements✔ Register property documents✔ Avoid informal settlements✔ Record communications✔ Take legal opinion before issuing threats or strong warnings
Conclusion
Section 351(1) of the Bharatiya Nyaya Sanhita, 2023 plays a crucial role in protecting individuals from coercion, fear-based pressure, and unlawful threats.
In today’s digital world, intimidation can happen via:
Phone
WhatsApp
Email
Social media
Direct confrontation
Understanding your legal rights under BNS ensures you are protected from unlawful pressure and intimidation.
If you are facing a dispute involving threats, coercion, or forced property transfer, professional legal guidance is strongly recommended. Connect with Experts:
📞 9611195911 | 🌐 mysla.in
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Legal outcomes vary depending on facts and circumstances. Consult a qualified legal professional for advice specific to your case.