I have been receiving intimidating and threatening calls from a worker who did masonry work in my home, as well as from a local goon. Both have been calling from their cell phone and threatening me to pay the fees for the service the mason provided during the renovation of my home. From my perspective, all payments have been already made.
I have registered 2 complaints (Non-Cognizable) with the local Police Station who took the complaint under Section 507.
When I asked the Sub-Inspector what I could do if I continued to receive the threat calls, he said I could come by and register more complaints with them. He said, since this is a non-cognizable office, police cannot take any cognizance of it and that I would have to take the matter to court.
Is this okay? Section 507 talks of Criminal Intimidation. What if the goon beats me up - isn't that a crime that the police would have to take cognizance of? Are they waiting for me to get beaten up?
Also, I would like to go ahead and take the matter to court, if that is the only way left for me. If someone can explain me the procedure of how this works or direct me to some online resources, I would really appreciate it.
Police can register a NCR (Non cognizable report). After recevieng the copy of this NCR you can pray to court under Sec 155(2) to order to police to investigate the matter, then police will investigate.
Another remedy is you can file private complaint in the court.
You can contact a lawyer to submit a complaint before the court.
If you do not want to go to court, you can request the SHO of the police station to enquire the matter of your complaint and warn the opposite parties to stop the activities against you (only if you are sure it will work).
A PCR WOULD BE PREFERABLE IN UR CASE, B QUICK IN FILING IT , ONCE SWORN STATEMENT IS OVER , IF U PRESENT A PRIMA FACIE CASE, THEY SHOULD TAKE COGNIZENCE OF IT,
As far as facts are concerned, which you have mentioned in your quarry, I think section 507 is not applicable in your case. Because you said that both the persons are giving threatening calls from their mobiles. Therefore section 507 of Indian Penal code, 1860, has no application in your case. As the section 507 and other relevant section of Indian Penal Code be read as under:
Section 503. Criminal intimidation
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he 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.
Explanation-A threat to inure the reputation of any deceased person in whom the person threatened is interested, is within this section.
Illustration
A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation.
Section 506. Punishment for criminal intimidation
Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both;
If threat be to cause death or grievous hurt, etc.: -And 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 1[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.
Section 507. Criminal intimidation by an anonymous communication
Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person form whom the threat comes, shall be punished with imprisonment of either descripttion for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.
Classification of Offence: Non-cognizable – Warrant Trial – bailable – Non-Compoundable -Triable by Magistrate of First Class.
The points requiring proof are the same as those required to prove a case under section 506 of Indian Penal Code as:-
1.The accused threatens the Complainant and some other person.
2.That the threat was of some injury to him.
3.That it was given to cause injury to him or to cause him not to do or to omit to do any act which he is legally entitle to or wasn’t bound to do.
In addition to which section 507 require to prove:-
4.The threat was given by a communication in which the true name and residence of the accused was concealed.
I just mean to say that if you know and are sure that the threat is being given by some unknown person, who discloses his name and identity, section 507 does not attract. In other words when you would say in your complaint that, the call was made by your mason and a local goon, whom to can indentify as they told you their name or you can recognize their voice. Then section 507 is of no avail. But some time it depends on case to case and facts thereof.
See:
IN THE HIGH COURT OF MADRAS: Crl. R.C. No. 507 of 2002, Decided On: 07.03.2003, Appellants: J. Vanaraj Vs. Respondent: State, rep. by the S.I. of Police, decided by Hon’ble Mr. Justice M. Karpagavinayagam.
I would suggest you, when you receive any such sort of call from these person, you make a complaint to Superintendent of Police, mark a copy of the same Complaint to Deputy Superintendent of Police (Crime Branch) and other copy to the concerned Police Station, if you are not living in a metropolitan District.
If you are living in a metropolitan District then you can make such Complaint to Commissioner of Police, mark a copy to Deputy Commissioner of Police (Crime Branch) and other copy to concerned Police Station.
I would suggest that you should personally visit the office/police station and lodge the Complaint and received a copy and reference number thereof. If the police do not take any action on such Complaint then you can file a criminal Complaint under section 156 (3) of Criminal Procedure Code, 1973 before the before the Judicial Magistrate/Metropolitan Magistrate, enclosing the copies of these Complaints, which you have lodged after the incident.
156. Police officer's power to investigate cognizable cases.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
The magistrate thereafter would take cognizance upon the Complaint under section 190 of Criminal Procedure Code, 1973.
190. Cognizance of offences by Magistrates.
(1) Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub- section (2), may take cognizance of any offence-
(a) Upon receiving a complaint of facts which constitute such offence;
(b) Upon it police report of such facts;
(c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.
That after taking the cognizance and being satisfied with your Complaint, the Magistrate would issue a notice to the SHO of the concerned police station to submit a status report regarding the Complaint lodged by you. When the SHO submits the report, the magistrate may direct the SHO to register the FIR on your Complaint and investigate the matter or if the Magistrate does not direct the Police to register the FIR, the Magistrate may treat your Complaint as a private Complaint and shall fix a date to lead Pre-summoning evidence in support of your Complainant filed under section 156 (3). Once the pre-summoning evidence is over and the magistrate is satisfied that prima facie offence is made out against the Accused person, then the magistrate would issue process/summoning order under section 204 of Criminal Procedure Code, 1973, against the Accused persons to appear before the court on a specific date and to answer the charged levelled against them .
204. Issue of processed.
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-
(a) A summons-case, he shall issue his summons for the attendance of the accused, or
(b) A warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 87.
Dear thereafter a normal procedure should be followed, which is prescribed for trial of such office under Criminal Procedure Code, 1973.
Pleae read: who does not disclose in place of who discloses his name
I just mean to say that if you know and are sure that the threat is being given by some unknown person, who does not disclose his name and identity, section 507 does not attract. In other words when you would say in your complaint that, the call was made by your mason and a local goon, whom to can indentify as they told you their name or you can recognize their voice. Then section 507 is of no avail. But some time it depends on case to case and facts thereof.
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