Legal Advice

Protecting our family from threats and violence

Question: My daughter was entrapped by her classmate during graduation. Upon realizing that he is not the right person for her, she decided to end the association. However, the boy persists in sending emails and threatening messages. Disturbingly, he attacked us directly at our home and even damaged our car. He is now threatening to set our house and car on fire, putting our entire family at risk. Please advise us on how we can protect ourselves and resolve this issue. Are there any legal avenues we can pursue for assistance?

Advise

You should immediately file an FIR (first information report) for the offence punishable under Section 504/506/427 of the Indian Penal Code. He has committed offence and it is advisable to take legal recourse promptly.

Section 506 of the Indian Penal Code (IPC) addresses the offense of criminal intimidation, where an individual threatens another with the intent to instill fear for their safety, life, or property. The section stipulates that the offender, upon conviction, can be subjected to imprisonment for a term extending up to two years, a fine, or both.

The severity of the punishment depends on the specific circumstances of the case. Criminal intimidation is treated as a cognizable offense, granting the police the authority to make an arrest without a warrant, and it is non-bailable, meaning that bail is not an automatic right and is at the discretion of the court.

The section acknowledges aggravated forms of criminal intimidation, particularly if threats involve causing death, grievous harm, or destruction of property, leading to more stringent penalties.

Section 504 of the Indian Penal Code (IPC) pertains to the offense of intentional insult with the aim of provoking a breach of the peace. Positioned within the category of offenses against public tranquility, the section outlines that individuals intentionally insulting others, with the knowledge or intention that such provocation could lead to a breach of public peace or another offense, may face imprisonment for up to two years, a fine, or both.

The section emphasizes deliberate insults intended to elicit a reaction, with the insult being of a nature likely to incite the person to breach public peace or commit an offense.

Section 427 of the Indian Penal Code (IPC) deals with the offense of mischief causing damage to the amount of fifty rupees or more. This section is invoked when an individual intentionally causes harm or damage to any property, and the monetary value of the damage is fifty rupees or higher.

The provision is a part of the broader category of offenses against property. According to Section 427, the punishment for committing mischief causing damage to the amount of fifty rupees or more includes imprisonment for a term that may extend to two years, or with a fine, or both.

The severity of the punishment is determined by the extent of the damage caused to the property. This section aims to deter individuals from engaging in acts that result in the destruction or impairment of valuable property, providing a legal framework to address such offenses and maintain public order.

Shivendra Pratap Singh

Advocate

High Court Lucknow