Sharif Ahmed and Another vs. State of Uttar Pradesh and Another [2024 SCC OnLine SC 726]
Mere expression of words without any intent to cause alarm is not sufficient to constitute offence of criminal intimidation
38. An offence of criminal intimidation arises when the accused intendeds to cause alarm to the victim, though it does not matter whether the victim is alarmed or not. The intention of the accused to cause alarm must be established by bringing evidence on record. The word ‘intimidate’ means to make timid or fearful, especially : to compel or deter by or as if by threats. The threat communicated or uttered by the person named in the chargesheet as an accused, should be uttered and communicated by the said person to threaten the victim for the purpose of influencing her mind. The word ‘threat’ refers to the intent to inflict punishment, loss or pain on the other. Injury involves doing an illegal act.
39. This Court in Manik Taneja v. State of
Karnataka, had referred to Section 506 which prescribes punishment for the
offence of ‘criminal intimidation’ as defined in Section 503 of the IPC, to
observe that the offence under Section 503 requires that there must be an act
of threating another person with causing an injury to his person, reputation or
property, or to the person or reputation of any one in whom that person is
interested. This threat must be with the intent to cause alarm to the person
threatened or to do any act which he is not legally bound to do, or omit to do
an act which he is entitled to do. Mere expression of any words without any
intent to cause alarm would not be sufficient to bring home an offence under
Section 506 of the IPC. The material and evidence must be placed on record to
show that the threat was made with an intent to cause alarm to the complainant,
or to cause them to do, or omit to do an act. Considering the statutory mandate,
offence under Section 506 is not shown even if we accept the allegation as
correct.