Updated on July 08, 2024 03:11:27 PM
Clause 351 of BNS defines the offence of Criminal Intimidation, insult and annoyance, which is previously mentioned under the Section 503. When someone threatens another person, and makes a fear for their own safety or the safety of their loved ones, this is known as criminal intimidation. This threat can be conveyed to the victim by words, body language, or any other method that makes them feel afraid. A person may be held in custody by law enforcement if they are charged with criminal intimidation under Clause 351.
Criminal intimidation is a criminal offense, but individuals can apply for bail while awaiting trial, just as they can for most other crimes. In bail, the accused deposits money or provides a guarantee with the court, promising to appear for all future court proceedings. Bail procedures under Clause 351 are vital for both those accused and those seeking protection.
Here, is an overview of Clause 351 of BNS given below:
Offence | Criminal Intimidation |
---|---|
Clause under BNS | Clause 351 |
Bail | Bailable |
Nature of Offence | Non-Cognizable |
Penalties and Punishments | Imprisonment for 2 - 7 years or Fine or Both |
Triable | Police station/Any Magistrate |
Clause 351 of BNS clearly defines that -
“ (1) Whoever threatens another by any means, 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.
(2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits the offence of criminal intimidation by threatening 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 description for a term which may extend to seven years, or with fine, or with both.
(4) Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence under sub-section (1).”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Criminal intimidation is a serious violation that is covered by BNS Clause 351. The victim's and the community's safety should be taken into account when someone is seeking bail after being charged with criminal intimidation. Bail processes are designed to safeguard individuals who may be in danger while also ensuring equity. When setting bail, judges consider a number of variables, including the seriousness of the offense and the chance that the accused would show up for their trial. This procedure contributes to a safer and more just society by upholding justice and balancing the rights of the accused and the victim.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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