Someone is threatening me — can I file a criminal intimidation case under BNS Section 351?

Question

A person has been sending me threatening messages and verbally threatening harm. Can I file a criminal intimidation complaint? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Someone is threatening me — can I file a criminal intimidation case under BNS Section 351? is governed in India primarily by BNS 2023 s.351 and Information Technology Act 2000 s.66E/67 (if online). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

BNS s.351 defines criminal intimidation as threatening a person with injury to their person, reputation or property with intent to cause alarm or to make them do an act they are not legally bound to do.

Basic criminal intimidation is punishable with up to 2 years imprisonment or fine or both under s.351(2); if the threat is to cause death, grievous hurt, or destruction of property by fire, punishment can extend to 7 years under s.351(3).

This is generally a non-cognizable and bailable offence in its basic form, so you may need to file a complaint before the Magistrate under BNSS s.223 if police are reluctant to register an FIR, though aggravated threats are treated more seriously.

If the threats are made via WhatsApp, email or social media, preserve screenshots with timestamps and metadata, as electronic evidence must be supported by a certificate under the Bharatiya Sakshya Adhiniyam s.63 for admissibility.

You can simultaneously seek a restraining or protection order from a civil or family court if the threats are from a family member or spouse, in addition to the criminal complaint.

What to do next: 1) Save all threatening messages, call recordings or witnesses with dates and times; 2) File a written complaint at the police station; if refused, approach the Magistrate under BNSS s.223; 3) If the threat is severe or repeated, additionally seek a protection order from the appropriate court; 4) Obtain a certificate under Bharatiya Sakshya Adhiniyam s.63 for any electronic evidence you rely on.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNS 2023 s.351 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.