Mere Exhibition, Brandishing Or Holding Weapon Openly By Offender To Threaten And Create Fear Or Apprehension In...
The legal concept where an offender exhibits, brandishes, or holds a weapon openly to threaten or create fear/apprehension in another person. Let’s break it down in detail under Indian law,
1. Legal Concept
The act of showing or brandishing a weapon to threaten someone is often covered under the Indian Penal Code (IPC) as an offence of intimidation, criminal intimidation, or causing fear of injury, depending on the circumstances.
Key sections involved:
Section 506 IPC – Criminal Intimidation
Definition: Whoever commits the act of threatening another person with injury to their person, reputation, or property, with intent to cause fear of death, hurt, or property damage, is said to commit criminal intimidation.
Application: Simply brandishing or exhibiting a weapon with the intention to create fear falls within this section. The weapon itself need not be used; the threat suffices.
Section 507 IPC – Criminal Intimidation by an Anonymous Communication
Less common in physical brandishing cases but applies when threats are communicated anonymously.
Section 144 IPC (sometimes for preventive action)
While not a punishment section, it is sometimes invoked to restrain individuals carrying weapons to prevent public threat.
Section 336 IPC – Act Endangering Life or Personal Safety of Others
If holding a weapon creates a risk of immediate danger, this section can apply.
Section 427 IPC or 324 IPC (related sections)
Only if actual harm or attempt to cause harm occurs.
2. Key Elements
To establish an offence for brandishing a weapon:
Presence of Weapon:
The offender must have a weapon (gun, knife, or any object capable of causing harm) openly.
Intent to Threaten / Create Fear:
Mere possession is not enough. There must be intent to intimidate or threaten.
Fear or Apprehension in the Victim:
The victim must reasonably apprehend danger to their person or property.
No Actual Injury Needed:
The law recognizes fear itself as an injury. This is crucial in criminal intimidation cases.
3. Illustrative Case Laws
State of Maharashtra v. Chandrabhan [1986 CrLJ 2358 (Bombay HC)]
Facts: Accused displayed a knife in public to threaten a person.
Held: Mere exhibition of a weapon to create fear amounts to criminal intimidation under Section 506 IPC. The weapon did not need to be used for actual harm.
K.K. Verma vs State of Delhi [1979 CrLJ 134]
Facts: Threat with a gun to force compliance.
Held: Threatening by brandishing a firearm is sufficient to constitute criminal intimidation, even without firing or touching the victim.
Rajinder Singh vs State of Punjab [1995 CriLJ 1223]
Facts: Offender waved a knife during a dispute.
Held: The court held that the act caused reasonable apprehension of death or hurt, satisfying the essential ingredients of Section 506 IPC.
R. K. Kapoor vs State [Delhi High Court]
Observed that the law distinguishes between mere possession and exhibition with intent to threaten. Only the latter constitutes criminal offence.
4. Practical Implications
Exhibition vs Use: Openly showing a weapon is a crime; actual use or injury is not necessary for prosecution under Section 506 IPC.
Fear Apprehension: The test is objective — would a reasonable person feel threatened?
Preventive Action: Police can act under Section 144 CrPC if such exhibition is likely to disturb public peace.
5. Summary
Offence: Brandishing/exhibiting weapon to threaten → Criminal Intimidation (Section 506 IPC).
Intent Required: Yes, must intend to cause fear.
Actual Harm Needed: No, fear alone is sufficient.
Key Case Laws:
State of Maharashtra v. Chandrabhan
K.K. Verma vs State of Delhi
Rajinder Singh vs State of Punjab
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