Section 195 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 195 – Punishment for criminal intimidation
🧾 What is Criminal Intimidation?
Criminal intimidation means threatening someone:
With injury to their person, reputation, or property, or
To the person or property of someone they care about (like a relative or close associate),
With the intent to cause alarm, or
To force them to do something they’re not legally bound to do, or
To stop them from doing something they’re legally entitled to do.
So, if someone threatens you to force your actions or decisions using fear, it can amount to criminal intimidation.
📘 Structure of Section 195
Section 195 of the BNS, 2023 is divided into three parts, covering different levels of severity:
🔹 Section 195(1): Basic Criminal Intimidation
Offence: Threatening someone (criminal intimidation).
Punishment:
Imprisonment: Up to 2 years, or
Fine, or
Both.
This is the general form of criminal intimidation — when no specific extreme threat (like death or grievous hurt) is involved.
🔹 Section 195(2): Criminal Intimidation involving Threat to Cause Death or Grievous Hurt, etc.
Offence: Criminal intimidation where the threat is more serious, such as:
Threat to cause death, or
Threat to cause grievous hurt, or
Threat to destroy property by fire, or
Threat to cause harm to someone's reputation (especially of a woman).
Punishment:
Imprisonment: Up to 7 years, and
Fine.
This subsection deals with aggravated forms of intimidation that involve more fear and potential danger.
🔹 Section 195(3): Anonymous Threats or Threats under False Identity
Offence: Criminal intimidation where the threat is made:
Anonymously, or
Using someone else's identity (i.e., impersonation), or
Taking steps to hide your identity while threatening.
Punishment:
Imprisonment: Up to 2 years, in addition to the punishment for the main offence.
So, if someone sends anonymous death threats by email, not only are they liable for criminal intimidation, but they also get an extra 2 years for doing it anonymously or deceptively.
🧠 Why This Section Matters
It protects individuals from fear-based coercion.
It addresses modern forms of anonymous threats (like through social media or emails).
It ensures harsher punishment when the threat is particularly serious (death, grievous hurt, fire, or a woman’s reputation).
✅ Examples
Basic Case: A person threatens to break your phone if you don’t give them money. → Up to 2 years.
Aggravated Case: Someone threatens to kill you if you testify in court. → Up to 7 years + fine.
Anonymous Threat: You get an anonymous letter threatening to burn your house. → Up to 7 years (if involving fire) + 2 more years for anonymity.
🔐 Nature of the Offence (in general):
| Type | BNS Reference | Punishment | Cognizable? | Bailable? | Triable by |
|---|---|---|---|---|---|
| Basic Criminal Intimidation | 195(1) | Up to 2 years or fine or both | Non-cognizable | Bailable | Magistrate |
| Threat of Death, etc. | 195(2) | Up to 7 years + fine | Cognizable | Bailable | Magistrate |
| Anonymous Threat | 195(3) | Additional 2 years | Depends on main offence | Depends on main offence | Magistrate |
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