Section 351 BNS: Criminal Intimidation (Old IPC 506)
October 18, 2026 · 7 min read
"506" shows up in a huge number of FIRs, usually next to a fight, a property quarrel or an angry phone call. Since 1 July 2024 the offence of criminal intimidation is Section 351 of the Bharatiya Nyaya Sanhita, 2023. The BNS put three IPC sections, 503, 506 and 507, into one section with four sub-sections, and made it plain that a threat sent by message or call counts.
Here is what Section 351 says, how the old numbers map to the new ones, what a complainant has to show, and how bail, police action and settlement work.
What Section 351 says
- 351(1)defines criminal intimidation: threatening someone, by any means, with injury to their person, reputation or property, or to the person or reputation of someone they care about, meaning to alarm them, or to make them do something they don't have to do, or stop doing something they have a right to do. A threat to the reputation of a dead relative counts too.
- 351(2) punishes it with up to two years, or fine, or both.
- 351(3) covers the serious threats: to kill or cause grievous hurt, to destroy property by fire, to commit an offence punishable with death, life or seven years, or to impute unchastity to a woman. Up to seven years, or fine, or both.
- 351(4) applies when the threat is anonymous or the sender took steps to hide who they are or where they live. It adds up to two years on top of the punishment above.
The Act's own example: A threatens to burn B's house so that B drops a civil suit. A has committed criminal intimidation.
Old IPC sections and their new BNS numbers
| Offence | IPC | BNS | Maximum |
|---|---|---|---|
| Criminal intimidation (definition) | 503 | 351(1) | Definition |
| Criminal intimidation | 506 | 351(2) | 2 years, or fine, or both |
| Threat to kill, cause grievous hurt, burn property and the like | 506 | 351(3) | 7 years, or fine, or both |
| Threat sent anonymously or with the sender's name hidden | 507 | 351(4) | 2 years on top of the above |
The punishments did not change. The only change in wording is the phrase "by any means" in the definition. Acts done before 1 July 2024 are still charged under the IPC. For any other section, the IPC to BNS converter gives the new number and what changed.
What makes a threat a crime
Angry words are not enough on their own. The complaint has to show:
- a threat of injury to the person, their reputation or property, or to someone they are interested in;
- made with the intention of causing alarm, or of making them do or not do something; and
- that the threat reached them, directly or through someone else.
Intention is where most cases fail. In Manik Taneja v. State of Karnataka (2015) the Supreme Court quashed a case over a Facebook post criticising a police officer, because there was nothing to show an intention to cause alarm. In Vikram Johar v. State of Uttar Pradesh (2019) it said that abusive words and a vague threat, with no material showing the intent the section needs, do not make out the offence. The court looks at what was said, how, and in what setting.
Note the difference from extortion. If the threat is used to get money or property handed over, the offence is extortion under Section 308 of the BNS, the old IPC 383 and 384, which is cognizable and carries more.
Threats by phone, WhatsApp and social media
Most threats today come through a screen, and "by any means" puts them inside Section 351 without argument. If you receive one:
- Keep the original. Don't delete the chat or the call log, and take screenshots that show the number, date and time.
- Call recordings and screenshots are electronic records. To use them in court you need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, the old Section 65B of the Evidence Act.
- If the sender used a fake profile or an unknown number, say so in the complaint. That brings in 351(4) and gives the police a reason to trace the account.
- Online threats can also be reported at cybercrime.gov.in.
Bail, police action and settlement
| BNS | Cognizable | Bailable | Tried by | Can be compounded |
|---|---|---|---|---|
| 351(2) | No | Yes | Any Magistrate | Yes, by the person threatened |
| 351(3) | No | Yes | Magistrate of the first class | Yes, by the person threatened |
| 351(4) | No | Yes | Magistrate of the first class | No |
Because intimidation is non-cognizable, the police enter a complaint of a threat alone in their diary under Section 174 of the BNSS, the old CrPC 155, and send you to the Magistrate. They can investigate only with the Magistrate's order. You can also file a complaint straight before the Magistrate under Section 223 of the BNSS.
It changes when the threat comes with a cognizable offence, like hurt, trespass or extortion. Under Section 174(4), a case with both kinds of offence is treated as cognizable, and the police must register an FIR. Our guide to filing an FIR under Section 173 BNSS explains what to do if they refuse.
If you fear the threat will be carried out, ask the Executive Magistrate to bind the other side to keep the peace under Section 126 of the BNSS, the old CrPC 107. That is a preventive order, and it can come faster than a trial.
Section 351 is often charged together with Section 352 for intentional insult, the old IPC 504. They are separate offences, and each needs its own facts.
Questions people ask
Is Section 351 BNS bailable?
Yes. Every part of Section 351 is bailable, including a threat to kill under 351(3). That means the accused has a right to bail and the police or the court must release them on bail when they offer it. All three parts are also non-cognizable, so the police need a Magistrate's order before they can investigate a complaint of intimidation alone.
Is a threat on WhatsApp or a phone call criminal intimidation?
It can be. Section 351 now says a threat made "by any means" counts, which settles that messages, calls, voice notes and social media posts are covered. What matters is the same as before: a threat of injury to the person, their reputation or property, or someone close to them, made to alarm them or to make them do or stop doing something. If the sender hid their identity, 351(4) adds up to two more years.
What is the punishment for threatening to kill someone?
Up to seven years, or fine, or both, under Section 351(3). The same higher punishment applies to a threat to cause grievous hurt, to destroy property by fire, to commit an offence punishable with death, life or seven years, or to impute unchastity to a woman. Any other threat falls under 351(2), with up to two years.
Can a criminal intimidation case be settled?
Yes. Under Section 359 of the BNSS, the person threatened can compound offences under 351(2) and 351(3) without the court's permission. An anonymous threat under 351(4) can't be compounded, but the High Court can still quash the case after a genuine settlement under Section 528 of the BNSS.
Reading an old FIR that says "506"? The IPC 506 page shows the new section side by side with the old text.
This is general information, not legal advice. Check the bare Act and speak to a lawyer about your own case.
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