Section 351 BNS Bailable or Non-Bailable? Explained

Threatening messages may send a chill down your spine, especially when you cannot ascertain if the individual is serious or if legal authorities will be able to help you in such a situation. The law of criminal intimidation is covered by Section 351 of the BNS when someone threatens to injure, defame, or harm anyone who is associated with you. 

The point of law here is that all heated statements made in anger do not necessarily constitute an offense. Here are some details about the punishment of Section 351 BNS and its IPC 506 equivalent in BNS.

What Is Section 351 BNS?

Criminal intimidation is addressed under Section 351 of the BNS. Criminal intimidation is an offense where an individual threatens another with bodily harm, defamation, or damage to property, or with respect to someone who has an interest in the victim.

The threats can take any form, including electronic communication, but the threat alone is not sufficient. There must also be an intention behind it to make the person threatened feel alarmed or compelled to commit an act which he is not legally bound to perform.

What Does Criminal Intimidation Mean Under Section 351?

• Threat: There must be a threat of harm to someone or to their reputation or property.
• Intention: This menace should be made with the intention of creating alarm in someone or getting them to act in a specific manner.
• Means: The menace under Section 351 BNS may be verbal, written, or electronic.

For example, when one tells another that “I am angry with you” while having a fight, this is usually quite a bit different from making threats of violence to that person if he or she withdraws his or her complaint.

In other words, the context, nature, and intent of the threat will decide whether the act is punishable under Section 351 BNS.

What Makes a Threat an Offence Under Section 351 BNS?

The threat need not necessarily translate into an act of criminal intimidation under Section 351 BNS. It has to be an intelligible threat with intent behind it.

1. A Threat of Specific Injury Must Be Involved

The threat must concern injury to:

• A person: in the case of physical injury or death threats.
• Reputation: in the case of exposure threats.
• Property: in the case of damage to property.
• Someone the victim is interested in: such as threatening the victim’s family member to compel them.

The legislation further encompasses threats that are made in any manner, including via electronic communications.

The Intention Behind the Threat Matters

It should be made for the purpose of creating alarm or compelling some action or forbearance, which is contrary to the will of the individual threatened. The context of the incident can also reveal the intention behind the threat.

Is Every Threat or Abuse Covered?

No. The use of terms such as “abuse” and “threatening” on their own might not be sufficient. In the case of Ishwar Chand Sharma v. State of U.P. (2026), the court stated that general accusations lacking the elements of a specific threat, injury, and intention to create alarm are insufficient for a Section 351 BNS criminal intimidation charge.

What Is the Punishment Under Section 351 BNS?

The Section 351 BNS penalty will be determined by the level of threat and its nature:

The severity of punishment depends on the degree of the danger involved or the interests that have been threatened.

What Is the Section 351(3) BNS Punishment?

Section 351(3) BNS states that aggravated threats will be punished with imprisonment for up to 7 years, a fine, or both. Aggravated threats include:

• (a) Threatening death or grievous hurt
• (b) Threat of causing destruction of property by fire
• (c) Some other serious crimes
• (d) Imputation of unchastity to a woman

Hence, the punishment under Section 351(3) BNS is more severe since the threats are considered serious types of criminal intimidation.

Is Section 351 BNS Bailable or Non-Bailable?

In case of Section 351 BNS, the offense is normally bailable depending on the general BNSS category, although the sub-section and other offenses listed in the FIR may influence the actual situation.

"Bailable offense" implies that bail is allowed for the offender under certain conditions. The central procedural schedule states:

• Section 351(2): Non-cognizable and bailable.
• Section 351(3): Non-cognizable and bailable.
• Section 351(4): Non-cognizable and bailable.

However, the sub-section in particular makes a difference because the severity of the threat affects the penalty and the court that will hear the case. Similarly, if the FIR has some other crime that is not a bailable offence, then the situation becomes entirely different for granting bail.

Therefore, the question “Section 351 BNS bailable or non-bailable” cannot be answered in relation to Section 351 alone.

Is Section 351 BNS Cognizable or Non-Cognizable?

Section 351 BNS falls under the category of non-cognizable offences as per the Central BNSS. This implies that an investigation of the crime can only be done by the police if there is an order issued by the Magistrate.

A cognizable offence is one where the police can proceed with an investigation without seeking any prior order from the Magistrate.

Under the central classification:

• Section 351(2): Non-cognizable
• Section 351(3): Non-cognizable
• Section 351(4): Non-cognizable

However, when there is an FIR alleging a cognizable offence, there is no need to stop the process based on that offence.

Therefore, when there is a question raised about whether “Section 351 BNS is cognizable or non-cognizable,” one needs to consider all of the following details.

What Is the IPC Equivalent of Section 351 BNS?

If you are searching for 351 BNS in IPC, the closest earlier provisions were Sections 503 and 506 IPC:

What Is the IPC 506 Equivalent in BNS?

The section that is a parallel to IPC 506 in BNS is Section 351 BNS, but it is not just “IPC 506 renamed.” The offence was defined under IPC 503, and the punishment was stated under IPC 506. It is under Section 351 BNS that both have been provided for. Therefore, the IPC 506 in the BNS can be found under Section 351 of the BNS.

Can WhatsApp, SMS or Online Threats Fall Under Section 351 BNS?

Yes. Threat under Section 351 BNS can be conveyed via WhatsApp, SMS, emails, social networking sites, phone calls, or any other means of communication, since the law applies to any threat that is “conveyed by any means.” 

An anonymous threat conveyed via digital means can also be covered by this section. It is important to note that merely conveying a threat via digital means does not mean it is criminal intimidation under Section 351 BNS.

What Happens If an FIR Is Filed Under Section 351 BNS?

Consequences for a Section 351 BNS FIR may vary, depending upon the nature of allegations and other offences committed.

If You Are the Person Receiving the Threat

• Keep all messages, e-mails, recordings, and communications.
• Take note of relevant dates, times, and circumstances.
• File a complaint using the evidence at hand.

If You Are Accused of Criminal Intimidation

• Identify the threat or behavior being complained of.
• Document any relevant texts and background.
• Read all the portions cited in the FIR.
• Consult with an attorney regarding the case and the bail provisions available.

What follows will depend on the nature of the allegations and the crimes committed. In case you have been served with a notice for an FIR under Section 351 of the BNS, you may want to speak with a criminal lawyer.

What Evidence Can Support a Section 351 BNS Case?

Evidence will assist in determining the actual threat as well as how it was made. Evidence includes the following:

• Messages, screenshots, emails, and social media communications
• Call recordings, call logs, or other call-related evidence
• CCTV footage
• Witness accounts
• Letters or other written communications
• Other relevant documents supporting the allegations

If it is possible, save the original conversation and its context. The entire conversation, along with dates, time stamps, etc., may be crucial in determining whether or not a case falls under Section 351 BNS.

What Do Courts Say About Criminal Intimidation Under Section 351 BNS?

It is important for the court to note that an offence under Section 351 BNS (criminal intimidation) should be evaluated based on facts and not the words used like “threatened” or “abused.”

1. Vague Allegations May Not Be Sufficient

In recent judicial pronouncements, it has been made clear that a complaint would not be deemed sufficient if it only makes general allegations of abuses or threats without providing any details regarding the threat or threatening situation. The court considers whether the allegations provide all the elements of Section 351 BNS.

2. The Intention to Cause Alarm Is Important

The purpose of causing alarm is a crucial component of criminal intimidation. A mere expression of anger, argument, or offensive words alone does not satisfy the provision. It is necessary to establish that the alleged acts were committed with the purpose of causing alarm or compelling someone to do something.

3. The Facts of Each Case Matter

Such decisions do not constitute an all-encompassing guideline for every case. The court considers the claims, communication, context, intent, and available evidence to determine whether the application of Section 351 BNS would apply to the case.

Examples of Section 351 BNS Criminal Intimidation

The risk of a Section 351 BNS can have various negative impacts, contingent upon the situation, such as:

• Threat of causing death to compel someone to withdraw a complaint.
• Threat of inflicting serious bodily harm unless the demand is complied with.
• Threat of setting fire to or damaging someone’s property with the intention of instilling fear.
• Threat to damage the reputation of a person unless he complies with the demand made.
• Making an anonymous threat for the purpose of causing fear.

Here are examples of behaviors that could come under Section 351 BNS of criminal intimidation. An actual determination of the crime would depend on the elements of law and facts of the particular case.