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Pravin Rathod   14 April 2020

504 506

ek tarfi case dakhal hua kitne saal ka saza


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 4 Replies

Pravin Rathod   14 April 2020

kitne saal ka saza

Archit Uniyal   15 April 2020

Hi,

Section 504  of the Indian Penal Code states that 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 descripttion for a term which may extend to two years, or with fine, or with both.

This section is Bailable, Non-cognizable and Compoundable.

Punishment is imprisonment for 2 years, or fine, or both.

In order to establish an offence under this section, the following ingredients must be proved:

  • That the accused insulted some person intentionally.
  • That the intention of the person is such which is likely to give provocation to the person insulted.
  • The accused has the knowledge that such provocation would cause the person to break the public peace or under the influence of which, he can commit an offence.

If the accused abused the complainant in such a manner that involves the chastity of his mother or sister, such an act falls under the ambit of IPC section 504. This was held in the case of In re Karumuri Venkatratnam.

 

 

Section 506 IPC states the provisions of punishment for committing the offence of Criminal Intimidation. Criminal intimidation as defined under section 503 of the IPC means, where a person is induced by threatening him to perform any act or to abstain from doing any act which he is not legally bound to do or to omit. shall be punished with imprisonment unto two years but 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 descripttion for a term which may extend to seven years, or with fine, or with both.

The major ingredients of IPC 506 are :

If a person is induced or threatened to cause injury :

  1. To his reputation, property, or
  2. To any person related to him.

The threat must be made with intention to:

  1. Cause alarm to that individual, or
  2. Cause that person to do an act that he/she is not legally bound to do under threat that harm will be caused if he/she does not do that act, or
  3. Cause that person to omit an act that he is legally bound to do under threat that harm will be caused if he/she does that act.

The ingredients mentioned above are necessary for the offence of criminal intimidation to be completed.

 

Hope this solves your query.

Regards,

Archit.

Archit Uniyal   15 April 2020

Hi Mr. Prakash,

Sorry if I am misguiding the users, but till now I haven't come across any source that says that Section 504 IPC is cognizable. It would be really helpful if you can provide me with some credible links for my knowledge. If you are talking about 506 then i haven't mentioned if it's cognizable or non-cognizable.

Thank You.

Archit

Archit Uniyal   15 April 2020

Originally posted by : OM PRAKASH

. I know for sure that in U.P., and some districts of Maharashtra (Mumbai & Navi Mumbai up to Washi) it is cognizable offence and the punishment prescribed is 7 years

Dear Mr. Prakash,

The quoted part of your answer was confusing to me, so I couldn't make out what you were arguing.

Nowhere in my answer did I intend to point out the similarities or differences between IPC 504 and 506, I apologize if my answer comes out as misleading or trying to differentiate between the two provisions but I was just elaborating on both the sections for the person who had the query.

Thank You.


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