Response

To prosecute the Accused for the offense u/s. and 504 and 506, after registration of the NC we have to approach the Magistrate for the appropriate order.

504 is Insult intended to provoke breach of peace and 506 is criminal intimidation both of which are bailable. After registration of the crime the accused can seek bail from the court. Thereafter the Police will investigate and file the chargesheet in a reasonable period of time.

he objective of 504 IPC section is to prevent the intentional use of abusive language amounting to insult, giving rise to provocations causing the person against whom such words are used to commit breach of peace. In this section, it is showed how a person can provoke another to commit an offence that is criminal in nature and which can also harm the public peace at large.

In our daily lives also, we hear a lot of words that are offensive in nature but somehow ignore to manage them, but in cases, if a person intentionally uses abusive or offensive words in order to humiliate a person or provoke him, he is said to commit an offence under the purview of sec. 504 Indian Penal Code. 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.

Criminal Intimidation has been defined in Section 506 of the Indian Penal Code, 1960. The main requirement of the offence is threatening of the victim by the offender. When a person is induced by threat to perform any act or abstain from any act which he is not legally bound to do or omit, it is termed as criminal intimidation. However, for it to be termed as an offence, the offender shall have had the intention to harm either the victim himself/herself, or any other person. The intention is an important aspect and it should exist in the offenderÕs mind even if he can not execute it. If the offender had absolutely no intention to cause such harm, it would not be an offence of criminal intimidation under the IPC. Offences such as criminal intimidation do not directly affect anybody physically (like in case of murder or rape), but they are punishable under criminal law in India.

Reference: Section 504 IPC as defined in the code provides punishment to, Òwhoever 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 description for a term which may extend to two years, or with fine, or with bothÓ.

Section 506- Punishment for Criminal Intimidation

Criminal Intimidation as defined under Sec 506 IPC, states that ÒWhoever 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.

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 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.

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