Have you ever received a threatening message on WhatsApp and wondered, “Is this even illegal?” Or maybe a neighbour once yelled, “Main tujhe dekh lunga!” — and you had no idea whether that counted as a crime or just aggressive neighbourhood drama. Well, say hello to Section 351 BNS — the legal provision that turns threats from a scary personal problem into a matter for the courts.
India’s criminal law got a massive makeover on 1st July 2024, when the old Indian Penal Code (IPC), which was drafted back in 1860 (yes, the British era!), was officially replaced by the Bharatiya Nyaya Sanhita (BNS), 2023. And with this change, the beloved — or rather, feared — Section 506 IPC (Criminal Intimidation) found its new home as Section 351 BNS.
Quick Stats: Section 351 BNS at a Glance
| Parameter | Details |
|---|---|
| Full Name | Section 351 — Bharatiya Nyaya Sanhita, 2023 |
| Subject | Criminal Intimidation |
| Replaces | Sections 503, 506 & 507 IPC |
| Effective Date | 1st July 2024 |
| Chapter | Chapter XIX — Criminal Intimidation, Insult, Annoyance & Defamation |
| Basic Punishment (351(2)) | Up to 2 years imprisonment, or fine, or both |
| Aggravated Punishment (351(3)) | Up to 7 years imprisonment, or fine, or both |
| Anonymous Threat Add-on (351(4)) | Additional 2 years imprisonment |
| Bailable Status | 351(2) — Bailable; 351(3) — Non-Bailable |
| Cognizable | 351(3) — Yes; 351(2) — No |
| Covers Digital/Electronic Threats? | Yes — Explicitly under BNS |
| Equivalent IPC Sections | IPC 503 (definition) + IPC 506 (punishment) + IPC 507 (anonymous) |
What Exactly Is Section 351 BNS? (And Why Should You Care?)
- Let’s start from the very beginning — because unlike the IPC, BNS 351 does something clever: it combines the definition and the punishment for criminal intimidation in a single section. Under the old IPC, you had to toggle between Section 503 (definition) and Section 506 (punishment) like a legal ping-pong match. The BNS said, “Nah, let’s keep it clean.”
- Section 351 BNS is part of Chapter XIX of the Bharatiya Nyaya Sanhita, which deals with Criminal Intimidation, Insult, Annoyance, Defamation, etc.
- So what does it actually say? In plain English (and we’ll do the Hindi too, don’t worry):
- 351 BNS penalises the act of threatening another person — with injury to their body, reputation, or property — with the specific intent to cause fear, or to force them into doing something they’re not legally required to do, or to stop them from doing something they are legally entitled to do.
- The key here is intent. If the purpose of the threat is to scare the person or pressure them into doing something (or stopping something) through fear, it becomes a criminal offence. And here’s the most important part: it doesn’t matter if the threat is actually carried out. The threat itself is enough.
351 Dhara Kya Hai? (धारा 351 क्या है)
For those searching 351 Dhara kya hai or 351 BNS in Hindi — here’s your answer in simple language:
धारा 351 BNS के अनुसार, “आपराधिक धमकी” तब होती है जब कोई व्यक्ति किसी दूसरे को उसके शरीर, संपत्ति या प्रतिष्ठा को नुकसान पहुँचाने की धमकी देता है, जिसका उद्देश्य उस व्यक्ति में भय उत्पन्न करना हो, या उसे कोई ऐसा कार्य करने के लिए मजबूर करना हो जो वह कानूनी रूप से करने के लिए बाध्य नहीं है।
In short? कोई भी धमकी जो जानबूझकर डर पैदा करने या दबाव बनाने के लिए दी जाए — वो धारा 351 के तहत अपराध है
Breaking Down the 4 Subsections of Section 351 BNS
Here’s where it gets really interesting. BNS 351 is not a one-size-fits-all provision. It has four subsections, each dealing with a different flavour of threat. Think of it as a menu of offences — from a mild threat to a full-blown anonymous death threat. Let’s walk through each one:
Section 351(1) BNS — The Definition
This is the definitional backbone. Section 351(1) defines Criminal Intimidation as threatening another person with injury to their body, reputation, or property — or to the body, reputation, or property of someone in whom that person is interested — with the intention to cause alarm or to compel them to do or not do something they are legally entitled to do.
Notice something interesting here? The threat doesn’t even have to be directed at the victim directly. If someone threatens to harm your child, your spouse, or even a deceased person you care about — that still counts under Section 351 BNS.
Section 351(2) BNS — Basic Punishment
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.
This covers the basic, everyday (well, hopefully not everyday) threats. Your neighbour threatens to break your car windows. Your colleague threatens to get you fired. These fall under 351(2).
Key legal points:
- Bailable — you can claim bail as a right
- Non-cognizable — police cannot arrest without a warrant
- Triable by any Magistrate
Section 351(3) BNS — Aggravated Criminal Intimidation
Now things get serious. 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.
This is the heavy-duty version. Notice the jump — from 2 years to 7 years. The law takes no prisoners (figuratively and literally) when the threat is about:
- Death or grievous hurt
- Burning down property
- Imputing unchastity to a woman
That last point is particularly significant in the Indian context, where threatening to damage a woman’s reputation by spreading false sexual allegations is a recognized and punishable form of criminal intimidation.
Key legal points:
- Non-bailable — no automatic right to bail
- Cognizable — police can arrest without a warrant
- Triable by a First-Class Magistrate
Section 351(4) BNS — Anonymous Threats
This is the one that the internet age demanded. 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).
In simple terms: if you threaten someone and hide your identity — whether through a fake account, a burner phone, or an anonymous email — you get an additional 2 years on top of whatever sentence you were already getting.
If the threat is executed anonymously (e.g., via a burner phone, a fake WhatsApp account, or a masked email), the anonymous communication adds an additional mandatory 2 years of imprisonment on top of the base sentence, reflecting the legislature’s disdain for cowardly, untraceable threats.
351 BNS vs IPC 506 — What Actually Changed?
This is the question on every law student’s lips. Is BNS 351 just IPC 506 with a new number? Or is there something meaningfully different?
The honest answer: same spirit, smarter structure, and one genuinely big upgrade.
| Feature | IPC (Old Law) | BNS 351 (New Law) |
|---|---|---|
| Definition of Crime | Section 503 IPC | Section 351(1) BNS |
| Basic Punishment | Section 506(1) IPC — up to 2 years | Section 351(2) BNS — up to 2 years |
| Aggravated Punishment | Section 506(2) IPC — up to 7 years | Section 351(3) BNS — up to 7 years |
| Anonymous Threats | Section 507 IPC — additional 2 years | Section 351(4) BNS — additional 2 years |
| Structure | 3 separate sections | 1 consolidated section (4 subsections) |
| Electronic/Digital Threats | Covered by judicial interpretation only | Explicitly stated in the law |
| Community Service | Not available | Available as an option for courts |
The most significant substantive change between Section 506 IPC and Section 351 BNS is that BNS 351 expressly includes threats made through electronic communication. Under the IPC, courts had extended the provision to cover threats sent via phone, SMS, email, and WhatsApp — but that was interpretation, not explicit statute. The BNS removes that ambiguity. Today, a WhatsApp threat, an Instagram message, or an anonymous email containing a threat to cause injury all clearly fall under Section 351 BNS without needing judicial construction to get there.
This matters enormously in 2024–26, when most threats are delivered through Instagram DMs, WhatsApp messages, or anonymous accounts. The new law removes all ambiguity. Your threatening text message? Covered. Your fake-account Instagram threat? Covered. Your anonymous email saying you’ll destroy someone’s reputation? Absolutely covered.
Essential Elements You Must Prove Under Section 351 BNS
Want to file a complaint under Section 351 BNS? You’ll need to establish these core ingredients. Courts look for:
1. There Must Be a Threat
The accused must have communicated a threat — verbal, written, electronic, or through action. Angry looks don’t count. Actual threats do.
2. The Threat Must Involve Harm to Body, Reputation, or Property
The threat has to be about something tangible. “I’ll get you fired” (reputation), “I’ll break your car” (property), or “I’ll hurt you” (body) — all qualify.
3. The Threat May Extend to Others
The threat may also be aimed at someone the victim is emotionally or legally connected with — including a deceased person. So threatening to damage someone’s deceased father’s reputation to coerce the victim? Also covered.
4. The Threat Must Be Intentional
The accused must mean to cause fear. Accidental, offhand remarks made in jest (if genuinely proven as such) may not qualify.
5. The Purpose Must Be Coercive or Alarming
Indian courts don’t require that the victim was actually frightened. Instead, they ask: “Would a reasonable person in the victim’s position feel alarmed by this threat?” This is crucial because it prevents accused persons from arguing “but they weren’t really scared” as a defence.
Real-Life Examples That Fall Under BNS 351
Let’s make this real. Here are situations where Section 351 BNS applies:
- Property dispute: Your relative threatens to burn down your house unless you sign over your share of ancestral property → Section 351(3) BNS (threat of fire = aggravated)
- WhatsApp threat: Your ex sends a message saying “Main tujhe dekh lunga” with repeated follow-up threats → Section 351(2) BNS (basic criminal intimidation, digital mode)
- Anonymous Instagram DM: Someone with a fake account threatens to upload morphed photos unless you pay money → Section 351(3) + 351(4) BNS (reputational threat + anonymous = double punishment)
- Business rivalry: A competitor threatens your supplier saying “Agar tumne unhe maal diya toh main tumhara dhandha barbaad kar dunga” → Section 351(2) BNS (property/livelihood threat)
- Witness intimidation: A person threatens to harm a witness to stop them from testifying in court → Section 351(3) BNS (serious offence to stop lawful act)
How to File a Complaint Under Section 351 BNS
Been threatened? Here’s your step-by-step plan:
Step 1: Document Everything
Take screenshots immediately. Include timestamps, sender information, and full message threads. Don’t rely on just saving messages — devices can be wiped or accounts deleted.
Step 2: Visit the Police Station
File an FIR (First Information Report) at your nearest police station. For 351(2) cases (basic threats), you’ll need to approach the Magistrate since the offence is non-cognizable. For 351(3) cases (aggravated threats), police can register the FIR directly since it’s cognizable.
Step 3: Seek Legal Counsel
Consult an advocate who can help you frame the complaint correctly and identify whether Section 351(2) or (3) applies in your case.
Step 4: Approach the Magistrate if Needed
For non-cognizable cases, you can file a complaint directly before the Magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) — the new CrPC.
Step 5: Keep Records of Behavioral Change
Records showing you changed your behaviour due to the threat — cancelled travel, hired security, moved residence — strengthen your case in court.
Is Section 351 BNS Bailable or Non-Bailable?
This is one of the most-searched questions, so let’s nail it clearly:
| Subsection | Bailable? | Cognizable? |
|---|---|---|
| 351(2) — Basic Criminal Intimidation | ✅ Yes, Bailable | ❌ Non-Cognizable |
| 351(3) — Aggravated (death/fire/unchastity threat) | ❌ Non-Bailable | ✅ Cognizable |
| 351(4) — Anonymous threat add-on | Depends on base section | Depends on base section |
Section 351 of Bharatiya Nyaya Sanhita — in its aggravated form — is cognizable (police can arrest the accused without a warrant) and non-bailable (the accused cannot claim pre-trial bail as a matter of right).
So if you’re accused under Section 351(3) BNS — the serious version — you are looking at a non-bailable offence, which means you’ll have to apply to the court for bail. No walk-in-and-walk-out-on-bail privilege here.
Common Defences Against Section 351 BNS
If you’re on the other side of this — accused of criminal intimidation — here are the legal defences that courts have recognized:
1. The Words Were Uttered in Anger, Without Intent
Courts have repeatedly held that empty threats uttered in a sudden fit of rage, without any real intent to cause fear, do not attract criminal liability. But this is a narrow defence and depends heavily on context.
2. The “Threat” Was Conditional and Lawful
If someone says, “If you don’t return my money, I’ll take you to court” — that’s not criminal intimidation. Threatening to use a legal remedy is not a criminal threat.
3. No Mens Rea (Intent)
If you can prove there was no intention to cause fear or coercion — for example, a misunderstood statement — the essential element of intent falls apart.
4. Victim Was Not Alarmed
While courts use the “reasonable person” standard (not the actual victim’s reaction), demonstrating that no reasonable person would have been alarmed by the statement can be a valid argument.
Section 351 BNS in the Digital Age
This is where BNS 351 shines brightest compared to its IPC predecessor. Section 351 BNS expressly includes threats made through electronic communication. Under the IPC, courts had extended the provision to cover threats sent via phone, SMS, email, and WhatsApp — but that was interpretation, not explicit statute. The BNS removes that ambiguity. Today, a WhatsApp threat, an Instagram message, or an anonymous email containing a threat to cause injury all clearly fall under Section 351 BNS without needing judicial construction to get there.
In a country where nearly 700 million people are internet users, this explicit digital coverage isn’t a nice-to-have. It’s a necessity. Cyberbullying, online harassment, extortion attempts through fake accounts — all of these now have a clear statutory home under 351 BNS.
Landmark Case Principles You Should Know
While the BNS came into force only on 1st July 2024, precedents set under the old IPC remain valid for interpreting BNS provisions, since the legal principles are identical.
Ramesh Chandra Arora v. State (Supreme Court)
The Supreme Court established that the test for criminal intimidation is whether a reasonable person would feel alarmed — not whether the actual victim was frightened. This principle applies equally under Section 351 BNS.
Principle on Heat of Moment
High Courts across India have consistently held that threats made in sudden anger without any follow-up intent or action may not meet the threshold for criminal intimidation. The threat must be purposeful — not a stress-release outburst.
Principle on Anonymous Threats
Courts have held that deliberate concealment of identity to avoid accountability while making threats is an aggravating factor — now explicitly codified under Section 351(4) BNS.
Read More:
- THE BNS SECTION
- 296 BNS
- IPC 506 in Hindi
- 110 BNS in Hindi
- 316(2) BNS in Hindi
- Article 21 of Indian Constitution
- 341 IPC in Hindi
- 137(2) Bns in Hindi
- 144 BNSS in Hindi
- 302 धारा क्या है
- 281 BNS
- 352 BNS in Hindi
- 354 IPC in Hindi
- 351(3) BNS in Hindi
- 115(2) BNS in Hindi
- 333 BNS in Hindi
- 74 BNS in Hindi
- BNS 85 in Hindi
- 379 Ipc in Hindi
- 223 BNS in Hindi
- 111 Bns in Hindi
- 316(2) BNS in Hindi
- 110 BNS in Hindi
- 190 Bns in Hindi
- 126(2) BNS
- Article 50 of Indian Constitution
- Article 12 of Indian Constitution
- Article 28 of Indian Constitution
- DPSP Article 36 to 51
- Ipc 307 in Hindi
- BNS 125
Conclusion
So there you have it — Section 351 BNS, your complete, witty, and (hopefully) jargon-light breakdown of criminal intimidation under India’s new criminal code.
To summarise the essentials:
- 351 BNS = Criminal Intimidation, replacing IPC 503 + 506 + 507
- A threat to body, reputation, or property — made with intent to cause fear or coercion — is a crime, even if never carried out
- Basic threats → up to 2 years (bailable); Aggravated threats → up to 7 years (non-bailable); Anonymous threats → +2 years additionally
- Digital threats via WhatsApp, Instagram, or email are explicitly covered — no more debate
- The key ingredient is always intent — courts use the “reasonable person” test, not the victim’s subjective reaction
Frequently Asked Questions
Q1. Section 351 BNS kya hai?
Section 351 BNS defines and punishes criminal intimidation — threatening someone with injury to their body, reputation, or property with the intent to cause fear or coerce them. It replaced Sections 503, 506, and 507 of the old IPC effective 1st July 2024.
Q2. 351 BNS mein saza kya hai?
Basic criminal intimidation (Section 351(2)) carries up to 2 years imprisonment, or fine, or both. Aggravated forms (Section 351(3)) — such as death threats or threats to burn property — carry up to 7 years. Anonymous threats add another 2 years under Section 351(4).
Q3. Section 351 BNS bailable hai ya non-bailable?
Section 351(2) BNS (basic criminal intimidation) is bailable. Section 351(3) BNS (aggravated criminal intimidation) is non-bailable. The bailable/non-bailable nature depends on which subsection applies in your case.
Q4. Kya WhatsApp par di gayi dhamki Section 351 BNS mein aati hai?
Yes! BNS 351 explicitly covers threats made through electronic communication, including WhatsApp messages, Instagram DMs, emails, and SMS. This is one of the most significant improvements over the old IPC.
Q5. IPC 506 aur Section 351 BNS mein kya fark hai?
IPC 506 only dealt with punishment, while the definition was in Section 503. Section 351 BNS consolidates both definition and punishment in one section with four clear subsections. The most important upgrade is the explicit coverage of digital/electronic threats, which was only implied under IPC.
Q6. Kya koi agar gusse mein dhamki de toh woh Section 351 BNS ke under aata hai?
Not necessarily. Courts have held that threats made in a sudden fit of anger without any real intent to cause fear may not qualify as criminal intimidation. Intent is the key ingredient — but this is a very fact-specific question and you should always consult a lawyer.
Q7. Anonymous dhamki pe kya karein?
Document all evidence — screenshots with timestamps, account details, and any related communication. File a complaint. Under Section 351(4) BNS, anonymous threats carry an additional 2-year punishment beyond the base sentence, so the law takes these very seriously.
Q8. Section 351 BNS complaint kaise karein?
For basic threats (351(2)), file a complaint before the Magistrate since it’s non-cognizable. For aggravated threats (351(3)), you can file a direct FIR at the police station since it’s a cognizable offence. Always consult a lawyer to ensure the right subsection is applied.
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