How To Get Police Protection If An Mla Threatens Me To Kill?
The fundamental law governing criminal activity in India is the Indian Penal Code, 1860. Criminal intimidation is one of these offences that is covered by Chapter XII of the Indian Penal Code. It is crucial to understand that threatening someone is against the law in our nation. According to the Oxford Dictionary, the definition of intimidation is to threaten someone in order to get them to do what we want. Criminal intimidation is defined as an offence in Section 503 of the Indian Penal Code as when someone threatens another person with harm to their person, reputation, or property with the intention of coercing them into performing an act for which they are not legally obligated or to cause alarm. A threat-maker is referred to as an Intimidator. If you are criminally intimidated by someone, then, it is required that you contact the lawyers in Noida who can help to file a police complaint.
Grounds of Criminal Intimidation Includes Threats:
- For causing injury to the body
- For causing injury to reputation
- For causing injury to property
- For causing any injury physically or to the reputation of a person to whom the person who is threatened is attached.
To Cause Injury to A Person:
It refers to any warning or threat to hurt someone physically. For the purposes of this provision, only bodily harm may be taken into account; psychological or physical trauma is not included.
The threat must also be direct and unambiguous, and it must be made known to the other person. The scope of criminal intimidation was defined by the Hon'ble Supreme Court in the seminal case of Romesh Chandra Arora v. State 1860. The threat must be intended to cause anxiety, compel someone to do something, or stop them from doing something in order for it to qualify as criminal intimidation, according to the court. In the 1995 case of Amulya Kumar Behera v. Nabhagana Behera Alias Nabina, the term "alarm" was defined by the court, who determined that it is equivalent with the original meanings like "terror" or "distress."
Judgments Dealing with Criminal Intimidation:
- The accused in Ghanshyam v. State of Madhya Pradesh (1989) entered the home at night while carrying a knife. He expressed threats to harm the residents. According to Part II of the provision, this was determined to be criminal intimidation.
- Our honourable court ruled in the matter of Shri Vasant Waman Pradhan vs. Dattatraya Vithal Salvi (2004) that the mens rea is the essence of criminal intimidation. Mens rea refers to guilty intent when committing an act. The incident's details and circumstances must be examined in order to determine the intention.
- Threats of direct nature are not required to constitute the crime. The Court declared in Re A.K. Gopalan vs. The State of Madras, Union of India: Intervener (1950) that a speaker at a public assembly was guilty of criminal intimidation if he threatened police officers stationed at Malabar with harm to their person, property, or reputation.
- In its recent ruling in Shri Padma Mohan Jamatia vs. Smt. Jharna Das Baidya (2019), the Tripura High Court made the observation that the IPC's prohibitions against criminal intimidation do not apply to a political leader's simple use of profane or abusive language or body language while speaking.
Punishment for Criminal Intimidation:
Criminal intimidation is a crime that carries a punishment outlined in Section 506 of the IPC. Normal instances where the threat is not very serious will result in either a fine or a sentence of jail that may be increased to two years. The nature of this offence makes it non-cognizable, compoundable, and bailable. Only when a person poses a serious threat to bring about their death or great harm may a serious type of criminal intimidation be attracted. It is significant to highlight that this serious type of criminal intimidation also encompasses threats to break a woman's virginity.
The penalty for this crime is a fine, a sentence of simple or rigorous imprisonment that can be prolonged to seven years, or a combination of the two. This crime is non-cognizable, compoundable, and subject to bail. In order to ensure that the Intimidator is punished for their act, help can be sought from the lawyers in Gurgaon before filing a police complaint.
Immediate Precautionary Remedies for Murder Threats:
Helpline Number: Both men and women are welcome to call his helpline. Dial 100, the nation's general police helpline, if the threat demands quick response since it has instilled intense and immediate terror in your mind. Inform the police of the specifics of the threat, and they will get in touch with the Intimidator and make an effort to apprehend him.
Police Complaint: Victims of criminal intimidation can file complaints with the police at any time. Make sure you have evidence of any threats before filing a police report. If you have received a threat over the phone, do not remove the number from your call history. The victim may file a complaint in the "general diary" of the police station with authority over your neighborhood if the threats are intermittent rather than continuous. A victim may file an FIR at the police station if they get repeated threats over the phone.
Police Protection: You can ask the police for private police protection if you're under fear of murder. The police require payment in order to provide protection in the form of a uniformed security guard for hourly shifts. A police sub-inspector can be hired for INR 2089 for an 8-hour duty, while a police guard can be hired for INR 1139 (on an average). If the threat is received from a high profile personality and police refuse to act upon it, then a petition for protection orders can be filed with the magistrate who shall order the police to provide protection. lawyers in Delhi can be contacted while dealing with cases of grave criminal intimidation as it brings danger to the body physically.
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