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mukesh gupta (advocate)     26 February 2012

Crimina intimidation

Sec.503 whoever threatens another with the INJURY to his................with intent to cause alarm...............or to cause that person to do any act..............................................................................commits criminal intimidation.

sec.44 INJURY--- the word injury denotes any HARM whatever ILLEGALLY caused.........................

sec.43 ILLEGAL includes

1] offence

2] act prohibited by law

3] which furnishes ground for civil action

 

From the combination of above three sections, It may be deducted that when one threatens other to ham his either by:-

1] committing offence;OR

2]by doing an act prohibited by law ; OR

3]by doing an act givinG rise to civil action

he commits the offence of criminal intimidation, if other ingriidents are fulfilled.


Q.  A has committed theft. B, being aware of this fact threatens him that he will inform to the police, if A does not plough his field. IS THIS A CASE OF CRIMINAL INTIMIDATION, inspite of the fact that informing to the police no way amounts to cause injury to the A, as it is clear from above said deduction


here B is threatening neither to

1]commit offence; nor to

2] do an act prohibited by law; nor to

3] do an act which furnishes round for civil action.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 February 2012

Yes it is a case of criminal intimidation. It is harm (to his body/mind) illegally caused, although if looked at in isolation B informing the police is not an offence/anything prohibited by law or even giving rise to civil action. on the contrary is laudable, and is his duty u/s 39 CrPC. His asking for money in lieu of not telling makes is an illegality and gives a criminal hue to the entire transaction. When the general public is under a duty to inform the police of offences - and a citizen asks for money in lieu of not telling - definately is something the law would seek to prohibit - though not said in as many words.  This interpretation has been accorded to cases of extortion - for all these years - where a person does the same/puts the person in fear of injury - in order to dishonestly induce the other to deliver property. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

Once again, 100% right reply to the academic query.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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