Law of Crimes
Subjects / Law of Crimes / Criminal Intimidation and Defamation
Unit 5 · Offences Against Property

Criminal Intimidation and Defamation

Criminal intimidation (BNS S.351) is threatening another with injury to person, reputation or property with intent to cause alarm or compel action; defamation (S.356) is making or publishing an imputation intending to harm reputation, subject to ten exceptions protecting truth, fair comment, good faith criticism, court reporting, and communications in confidence; community service is now an available sentence for defamation.

BNS Chapter XIX covers offences against the person that fall short of physical violence: threats (criminal intimidation), insults, annoyance, and harm to reputation (defamation). These offences protect mental peace and reputation rather than body or property.

BNS 2023 Renumbering

BNS S.351 = IPC S.503/S.506/S.507 (criminal intimidation + punishments consolidated). BNS S.352 = IPC S.504 (intentional insult). BNS S.353 = IPC S.505 (statements conducing to public mischief, now consolidated and expanded). BNS S.356 = IPC S.499/S.500/S.501/S.502 (defamation + punishments consolidated).

Criminal Intimidation (S.351)

Definition (S.351(1))

"Whoever threatens another by any means, with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with intent to:

  • cause alarm to that person, or
  • cause that person to do any act he is not legally bound to do, or
  • to omit any act he is legally entitled to do,

as the means of avoiding the execution of such threat, commits criminal intimidation."

Punishment (S.351(2) to (4))

Sub-section Situation Punishment
(2) Basic criminal intimidation Up to 2 years, or fine, or both
(3) Threat of death or grievous hurt, destruction of property by fire, offence punishable with death or life, or imputation of unchastity to a woman Up to 7 years, or fine, or both
(4) Anonymous threat or threat with concealment of identity Up to 2 years in addition to punishment under (2) or (3)

Defamation (S.356)

Definition (S.356(1))

"Whoever, by words (spoken or intended to be read), or by signs, or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person."

Four Explanations

Explanation Content
1 Imputing anything to a deceased person is defamation if intended to be hurtful to feelings of family
2 Defaming a company or association as such is possible
3 Irony or alternative form may amount to defamation
4 No imputation harms reputation unless it lowers the person in the estimation of others in moral/intellectual character, calling, credit, or suggests a loathsome or disgraceful state

The Ten Exceptions

Exception Defence
1 Truth for public good. A true imputation concerning a person, if publication is for the public good
2 Good faith opinion on public servant's conduct in discharge of public functions
3 Good faith opinion on conduct touching a public question
4 Substantially true report of court proceedings
5 Good faith opinion on the merits of a decided case
6 Good faith opinion on the merits of a public performance
7 Good faith censure by a person in authority over another
8 Good faith accusation to a lawful authority
9 Good faith imputation for the protection of one's own or another's interest, or for the public good
10 Good faith caution to one person against another, for the good of the person cautioned or the public good

Punishment (S.356(2) to (4))

Sub-section Offence Punishment
(2) Defamation Simple imprisonment up to 2 years, or fine, or both, or community service
(3) Printing or engraving defamatory matter knowing it Simple imprisonment up to 2 years, or fine, or both
(4) Selling printed matter known to be defamatory Simple imprisonment up to 2 years, or fine, or both

Community service as a sentencing option for defamation is new in the BNS. The IPC provided only imprisonment and fine.

Constitutional Validity

**Subramanian Swamy v Union of India (2016)** Supreme Court of India

Facts: The constitutionality of criminal defamation (IPC S.499/500, now BNS S.356) was challenged as violating Art.19(1)(a) (freedom of speech) and Art.21 (right to life including reputation).

Issue: Is criminal defamation constitutionally valid?

Held: Valid. Reputation is a fundamental right under Art.21. The State has a duty to protect reputation. Criminal defamation is a reasonable restriction under Art.19(2) ("defamation" is one of the listed grounds). The ten exceptions provide adequate safeguards for free speech.

Relevance: Settles the constitutional validity of criminal defamation. Cite whenever the accused argues that the section violates free speech.

Statements Conducing to Public Mischief (S.353)

This is the BNS expansion of IPC S.505. S.353(1)(a) to (c) penalises making, publishing or circulating false statements or rumours (including through electronic means) with intent to cause mutiny, alarm, or incite class/community against another.

S.353(2) specifically targets false or misleading information promoting enmity between groups on grounds of religion, race, language, etc. Punishment: up to 3 years, or fine, or both (5 years if in a place of worship).

S.353 Exception: It is not an offence if the person making the statement has reasonable grounds for believing it is true and makes it in good faith without intent to cause alarm.

Recall Check

  1. What are the three intents that make a threat criminal intimidation?
  2. Name the ten exceptions to defamation.
  3. Is criminal defamation constitutionally valid?
  4. What new punishment option does S.356(2) introduce for defamation?

Key Cases

Subramanian Swamy v Union of India (2016) Subramanian Swamy v Union of India 2016
Issue: Constitutional validity of criminal defamation.
Rule: Reputation is a fundamental right under Art.21. Criminal defamation is a reasonable restriction under Art.19(2).
Held: Constitutionally valid.

Distinctions

Basis Criminal Intimidation (S.351) Extortion (S.308)
Object To cause alarm or compel action/omission To induce delivery of property
Result Fear; no property changes hands Property is delivered
Example "I will kill you if you testify" (to compel omission of lawful act) "Give me Rs. 10,000 or I will reveal your secret" (property obtained)
Punishment Up to 2 years (basic); 7 years (aggravated) Up to 7 years (basic)
Overlap If the threat achieves delivery of property, it becomes extortion, not merely intimidation Extortion subsumes intimidation where property is obtained
Basis Criminal Defamation (S.356) Civil Defamation (Tort)
Nature Criminal offence Civil wrong (tort)
Who prosecutes The aggrieved person (complaint case) The aggrieved person (civil suit)
Remedy Punishment (imprisonment, fine, community service) Damages (monetary compensation)
Standard of proof Beyond reasonable doubt Balance of probabilities
Defences Ten specific Exceptions in S.356 Truth, fair comment, privilege, consent
Constitutional validity Upheld (Subramanian Swamy, 2016) Not challenged
Can run concurrently Yes Yes
Basis S.351 (Criminal Intimidation) S.130 (Assault)
Nature of threat Threat of future injury to person, reputation or property Gesture/preparation causing apprehension of immediate criminal force
Proximity May be remote (letter, message, future date) Must be immediate (person present, about to use force)
Physical presence Not required (can be by letter, phone, electronic means) Required (person must be present to apprehend)
Example Threatening letter: "I will burn your house next week" Raising a fist at someone's face

Flashcards

Define criminal intimidation under S.351.

Threatening another with injury to person, reputation or property with intent to cause alarm or compel action/omission.

What is the punishment for anonymous criminal intimidation?

Up to 2 years in addition to the base punishment (S.351(4)).

Name four of the ten exceptions to defamation.

(1) Truth for public good; (2) good faith opinion on public servant's conduct; (4) true report of court proceedings; (9) imputation for protection of one's own interest.

Is criminal defamation constitutional?

Yes. Subramanian Swamy v Union of India (2016): reputation is protected under Art.21, and criminal defamation is a reasonable restriction under Art.19(2).

What new sentencing option does the BNS add for defamation?

Community service (S.356(2)).

What distinguishes criminal intimidation from extortion?

In intimidation, the object is alarm or compulsion of an act/omission. In extortion, the object is obtaining property. If property is delivered, it is extortion, not mere intimidation.

Exam Scenario

Problem: Priya, a journalist, publishes an article alleging that Minister Qureshi accepted a bribe of Rs. 50 lakhs from a contractor. The article is based on documents she obtained from a whistleblower. Qureshi files a criminal defamation complaint under S.356. Priya claims Exceptions 1 and 2. Separately, Rajan sends an anonymous email to Sunil saying "If you do not withdraw your candidature for the election, I will ensure your daughter's compromising photographs are released online." Advise.

Step 1: Test Priya's defences

Exception 1: Truth for public good.

Requirement Priya
Imputation is true She must prove the bribery allegation is true. She has documents from a whistleblower. If the documents are genuine and the allegation is factually true, this element is satisfied
Publication is for the public good Exposing corruption of a public servant is quintessentially for the public good

If Priya can prove the truth of the allegation, Exception 1 acquits her.

Exception 2: Good faith opinion on public servant's conduct.

Requirement Priya
Good faith Due care and attention in verifying the allegation
Opinion on conduct of a public servant Yes: Qureshi is a Minister, a public servant; the allegation concerns his conduct in office
In discharge of public functions Yes: accepting a bribe relates to his public function

Even if the allegation cannot be proved to be strictly true, Exception 2 protects a good faith opinion on a public servant's conduct in office, provided Priya exercised due care in verification.

Step 2: Test Rajan under S.351

Element Rajan
Threat Yes: to release compromising photographs (injury to reputation)
To the person or someone he is interested in Yes: Sunil's daughter
Intent to compel omission of lawful act Yes: withdrawing candidature (he is legally entitled to contest)
Anonymous Yes: anonymous email

Charge: S.351(3) (threat of injury to reputation, imputation of unchastity) + S.351(4) (anonymous threat: additional 2 years).

Total potential punishment: up to 7 years + 2 years additional = up to 9 years.

Two traps in this problem

Exception 1 requires proof of truth. Priya must prove the bribery, not merely believe it. If the documents turn out to be unreliable, Exception 1 fails. But Exception 2 (good faith opinion) survives even if the fact cannot be conclusively proved, provided she acted with due care.

Anonymous threats carry an additional sentence. S.351(4) adds up to 2 years on top of the base sentence. It is not an alternative; it is cumulative. This makes anonymous intimidation significantly more serious.

Conclusion. Priya is likely acquitted under Exception 1 (if truth proved) or Exception 2 (good faith opinion on public servant). Rajan: S.351(3) + S.351(4), up to 9 years.

See Also