Criminal Intimidation and Threats Under BNS in Odisha
Criminal intimidation — threatening someone with injury to person, reputation, or property — was Section 506 IPC and now falls under BNS. Here is how this offence works, what evidence matters, and how to respond if you are accused or threatened in Odisha.
By Advocate Debarchana Samal · 23 July 2026 · 8 min read
In short: criminal intimidation, once Section 506 IPC, is now Section 351 BNS. It covers any threat — verbal, written, or digital — meant to cause alarm about harm to a person's body, reputation, or property. Simple intimidation is bailable and carries up to two years' imprisonment; threats to cause death or grievous hurt are aggravated and carry up to seven years. Whether you have received a threat in Cuttack or been accused of making one, understanding the exact legal threshold makes all the difference to your next steps.
Threats are unfortunately common in property disputes, business disagreements, family conflicts, and neighbourhood quarrels across Odisha — and criminal intimidation is one of the most frequently invoked, and frequently misused, provisions in these situations. Sometimes it protects a genuine victim of a serious threat. Other times it is added on top of a civil dispute to pressure the other side. Knowing exactly what the law requires helps both a genuine victim build a strong complaint and a wrongly accused person mount an effective defence.
What Constitutes Criminal Intimidation
Old 506 IPC vs New Section 351 BNS
Section 506 IPC (Old)
Simple intimidation: up to 2 years, fine, or both. Aggravated intimidation (threat of death, grievous hurt, fire, or an offence punishable with death/life): up to 7 years.
Continues to apply to offences committed before 1 July 2024.
Section 351 BNS (New)
Same two-tier structure retained — simple intimidation up to 2 years, aggravated intimidation up to 7 years. Anonymous communications intended to intimidate are specifically addressed with additional punishment provisions.
Applies to offences committed on or after 1 July 2024.
If You Have Been Threatened — How to Respond
Preserve every trace of the threat
Save text messages, WhatsApp chats, call recordings, or voicemails. If the threat was verbal and in person, note down the exact words and any witnesses present as soon as possible.
File a written complaint at the local police station
A criminal intimidation complaint should be filed promptly at the police station with jurisdiction over where the threat was made or received. Delay can weaken the case.
If police are reluctant, escalate through legal channels
If the police hesitate to register an FIR, a lawyer can help draft a stronger complaint or move the appropriate court for directions to register the case.
Consult a criminal lawyer to assess the right forum
Depending on the severity and whether it is a repeat threat, your lawyer can advise on criminal complaint, a civil injunction, or both running in parallel.
Avoid direct confrontation with the person threatening you
Let your complaint and your lawyer's advice guide your next steps rather than confronting the person yourself, which can escalate the situation.
If You Have Been Falsely Accused
Criminal intimidation is sometimes added to complaints stemming from ordinary arguments, business disputes, or family conflicts, where heated words are recast as deliberate threats. If you are facing such an accusation, your defence typically focuses on showing there was no specific intent to cause alarm, that the exchange was a mutual argument rather than a one-sided threat, and producing your own messages, recordings, or witnesses that provide context. Since simple intimidation is bailable, immediate arrest is less likely, but you should still engage a lawyer promptly to respond formally and prevent the matter from escalating.
When You Need a Lawyer
You need a criminal lawyer if you have received a genuine threat and want to file an effective complaint that police take seriously, if you are facing a criminal intimidation FIR or notice and need to protect your rights, or if a business or property dispute has escalated into threats and counter-threats between the parties. Criminal intimidation cases often move quickly once a complaint is filed, and early legal guidance — on both sides — shapes how smoothly the matter is resolved.
Critical warning: If you have received a threat that mentions death, grievous hurt, or destruction of property by fire, treat it seriously and involve the police and a lawyer immediately — this falls under the aggravated category with much higher stakes for both sides.
Frequently Asked Questions
What was Section 506 IPC is now which BNS section?
Criminal intimidation, defined under Section 503 IPC and punished under Section 506 IPC, now falls under Section 351 of the Bharatiya Nyaya Sanhita (BNS). The definition is unchanged: threatening a person with injury to their body, reputation, or property, or to the body, reputation, or property of someone they care about, with intent to cause alarm or to make them do (or refrain from doing) an act they are not legally bound to do.
Is criminal intimidation a bailable offence in Odisha?
Simple criminal intimidation carries imprisonment up to two years, a fine, or both, and is bailable, meaning the police must ordinarily grant bail. However, aggravated criminal intimidation — where the threat is to cause death, grievous hurt, destruction of property by fire, or an offence punishable with death or life imprisonment — carries up to seven years' imprisonment and can be treated as non-bailable depending on the specific facts, requiring a court bail application.
What evidence is needed to prove criminal intimidation?
Courts look for clear evidence that a threat was actually communicated and that it was intended to cause alarm. This can include saved text messages, WhatsApp chats, call recordings, voicemail messages, written letters, or credible witness testimony about a verbal threat. Vague or ambiguous statements are harder to prosecute as intimidation, so specificity and corroboration matter a great deal — this is why preserving evidence immediately after a threat is so important.
Can I be falsely accused of criminal intimidation over a heated argument?
Yes, this happens often, especially in property disputes, business conflicts, and family disputes where accusatory or angry words are misrepresented as threats. If you are falsely accused, your lawyer can highlight the absence of specific intent to alarm, point to the context of a mutual argument rather than a one-sided threat, and produce your own evidence such as messages or witnesses showing the true nature of the exchange.
What should I do if someone is threatening me in Cuttack?
First, preserve any evidence of the threat — screenshots, recordings, or note down exact words and any witnesses present. Then file a written complaint at the police station with jurisdiction over where the threat occurred, or approach a lawyer to help draft the complaint and, if the police are reluctant to register an FIR, to move court for appropriate directions. Do not confront the person making the threat on your own.
Facing a Threat or Intimidation Case in Cuttack or Odisha?
Advocate Debarchana Samal helps victims file effective criminal intimidation complaints and defends persons falsely accused before Odisha's courts. Contact us for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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