hackTheBox/cv · Datasets at Hugging Face

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2. Sale of printed or engraved substance containing defamatory matter (section 502).
Criminal intimidation. Chapter XXII.
A person commits 'criminal intimidation' if he
(1) threatens another with any injury
(a) to his person, reputation or property, or
(b) to the person, or reputation of any one in whom that person is interested,
(2) with intent
(a) to cause alarm to that person, or
(b) to cause that person to do any act which he is not legally bound to do, or omit to do
any act which that person is legally entitled to do,
(3) as the means of avoiding the execution of such threat (section 503). [Two years, or
fine, or both.]
If the threat be to cause (1) death or grievous hurt, (2) the destruction of any property
by fire, (3) an offence punishable with death, imprisonment for life, or seven years'
imprisonment, then seven years, or fine, or both (section 506). [If intimidation is caused
by an anonymous communication, then additional imprisonment for two years (section
507).]
'Criminal intimidation' is closely analogous to 'extortion.' In the former the immediate
purpose is to induce the person threatened to do, or abstain from doing, something
which he was not legally bound to do or omit; in the latter, the purpose is getting filthy
lucre by obtaining property. In 'criminal intimidation' the threat need not produce the
effect aimed at nor should it be addressed directly to the person intended to be
influenced. If it reaches his ears anyhow the offence is complete.
The following two provisions relate to insult offered to persons other than public
servants—
Insult.
(1) Intentional insult with intent to provoke a breach of the peace, or to cause the
commission of any offence. (section 504).
(2) Uttering any word, or making any sound or gesture, or exhibiting any object,
intending to insult the modesty of a woman or intruding upon the privacy of a woman
(section 509).
Statement conducing to public mischief.
Making, publishing or circulating, any statement, rumour, or report
(1) with intent to cause any officer, soldier, sailor or airman in the Army, Navy or Air
Force, to mutiny, or to disregard or fail in his duty, or
(2) with intent to cause fear or alarm to the public whereby any person may be induced
to commit an offence against the State or public tranquillity, or
(3) with intent to incite any class of persons to commit any offence against any other
class is made punishable (section 505). [Three years, or fine, or both.] The offence is
not committed if such statement, etc., is true and there is no such intent as aforesaid.
Making, publishing or circulating, any statement or report containing alarming news
(1) with intent to create or promote feelings of enmity, hatred or ill will between
different groups or communities on grounds of religion, race, place of birth, residence,
language, caste or community (section 505). [Three years, or fine, or both.]
(2) Aggravated form of the same offence when committed in any place of worship or in
any assembly engaged in religious ceremonies (section 505). [Five years and fine.]
Divine displeasure.
Act or omission caused by inducing a person to believe that he will be rendered an
object of Divine displeasure if he does not do or omit to do the things which it is the
object of the offender to cause him to do or omit, is punishable (section 508). [One
year, or fine, or both.]
Intoxication.
Intoxication alone is not made punishable by the Code. But a person who in a state of
intoxication appears in any public place, or in any place which it is a trespass in him to
enter, and there conducts himself in such a manner as to cause annoyance to any
person is liable to punishment (section 510). [24 hours, or Rs. 10, or both.]
Attempts. Chapter XXVIII.
The last chapter deals with attempts to commit offences. Attempting to commit or
causing to be committed an offence, punishable by the Code with imprisonment for life
or imprisonment, and in such attempt doing any act towards the commission of the
offence is—where there is no express provision for the punishment of such attempt—
punishable with imprisonment provided for the offence, for a term which may extend to
one-half of the imprisonment for life or one-half of the longest term of imprisonment
provided for that offence, or with such fine as is provided for the offence, or with both
(section 511).
Every commission of a crime has three stages—
(1) intention to commit it;
(2) preparation for its commission; and
(3) a successful attempt.
Mere intention to commit a crime, not followed by any act, does not constitute an
offence. The will is not to be taken for the deed unless there be some external act
which shows that progress has been made in the direction of it or towards maturing
and effecting it.
Preparation consists in devising means for the commission of an offence. The section
does not punish acts done in the mere stage of preparation. Mere preparation is
punishable only when the preparation is to wage war against the Government of India
(section 122), to commit depredations on the territories of any power at peace with the
Government of India (section 126), or to commit dacoity (section 399).
Attempt is the direct movement towards the commission after the preparations are
made. To constitute the offence of attempt there must be an act done with the
intention of committing an offence, and for the purpose of committing that offence,
and it must be done in attempting the commission of the offence.
It is, however, not necessary to show that it is the last proximate act. It is enough if it is
one in a series.
An attempt can only be manifested by acts which would end in the consummation of
the offence, but for intervention of circumstances independent of the will of the party.
An attempt is punishable even when the offence attempted cannot be committed; as
when a person intending to pick another's pocket thrusts his hand into the pocket but
finds it empty.
If the attempt to commit a crime is successful, then the crime itself is committed; but
where the attempt is not followed by the intended consequences, section 511 applies.
Leading cases:—Abhayanand. Om Prakash. R v Ramsarun. R v Mac Crea. R v Mangesh. R
v Peterson. R v Baku.
1. Stephen's History of Criminal Law of England, vol I.
2. Note Q, p 174.
3. Mrs. Sarah Mathew v The Institute of Cardio Vascular Diseases, (2014) 2 SCC 62 [LNIND 2013
SC 997] .
4. Standard Chartered Bank v Directorate of Enforcement, (2005) 4 SCC 530 [LNIND 2005 SC
476] ; Iridium India Telecom Ltd v Motorola Incorporated, (2011) 1 SCC 74 [LNIND 2010 SC 1012]
.

2. Sale of printed or engraved substance containing defamatory matter (section 502).

Criminal intimidation. Chapter XXII.

A person commits 'criminal intimidation' if he

(1) threatens another with any injury

(a) to his person, reputation or property, or

(b) to the person, or reputation of any one in whom that person is interested,

(2) with intent

(a) to cause alarm to that person, or

(b) to cause that person to do any act which he is not legally bound to do, or omit to do

any act which that person is legally entitled to do,

(3) as the means of avoiding the execution of such threat (section 503). [Two years, or

fine, or both.]

If the threat be to cause (1) death or grievous hurt, (2) the destruction of any property

by fire, (3) an offence punishable with death, imprisonment for life, or seven years'

imprisonment, then seven years, or fine, or both (section 506). [If intimidation is caused

by an anonymous communication, then additional imprisonment for two years (section

507).]

'Criminal intimidation' is closely analogous to 'extortion.' In the former the immediate

purpose is to induce the person threatened to do, or abstain from doing, something

which he was not legally bound to do or omit; in the latter, the purpose is getting filthy

lucre by obtaining property. In 'criminal intimidation' the threat need not produce the

effect aimed at nor should it be addressed directly to the person intended to be

influenced. If it reaches his ears anyhow the offence is complete.

The following two provisions relate to insult offered to persons other than public

servants—

Insult.

(1) Intentional insult with intent to provoke a breach of the peace, or to cause the

commission of any offence. (section 504).

(2) Uttering any word, or making any sound or gesture, or exhibiting any object,

intending to insult the modesty of a woman or intruding upon the privacy of a woman

(section 509).

Statement conducing to public mischief.

Making, publishing or circulating, any statement, rumour, or report

(1) with intent to cause any officer, soldier, sailor or airman in the Army, Navy or Air

Force, to mutiny, or to disregard or fail in his duty, or

(2) with intent to cause fear or alarm to the public whereby any person may be induced

to commit an offence against the State or public tranquillity, or

(3) with intent to incite any class of persons to commit any offence against any other

class is made punishable (section 505). [Three years, or fine, or both.] The offence is

not committed if such statement, etc., is true and there is no such intent as aforesaid.

Making, publishing or circulating, any statement or report containing alarming news

(1) with intent to create or promote feelings of enmity, hatred or ill will between

different groups or communities on grounds of religion, race, place of birth, residence,

language, caste or community (section 505). [Three years, or fine, or both.]

(2) Aggravated form of the same offence when committed in any place of worship or in

any assembly engaged in religious ceremonies (section 505). [Five years and fine.]

Divine displeasure.

Act or omission caused by inducing a person to believe that he will be rendered an

object of Divine displeasure if he does not do or omit to do the things which it is the

object of the offender to cause him to do or omit, is punishable (section 508). [One

year, or fine, or both.]

Intoxication.

Intoxication alone is not made punishable by the Code. But a person who in a state of

intoxication appears in any public place, or in any place which it is a trespass in him to

enter, and there conducts himself in such a manner as to cause annoyance to any

person is liable to punishment (section 510). [24 hours, or Rs. 10, or both.]

Attempts. Chapter XXVIII.

The last chapter deals with attempts to commit offences. Attempting to commit or

causing to be committed an offence, punishable by the Code with imprisonment for life

or imprisonment, and in such attempt doing any act towards the commission of the

offence is—where there is no express provision for the punishment of such attempt—

punishable with imprisonment provided for the offence, for a term which may extend to

one-half of the imprisonment for life or one-half of the longest term of imprisonment

provided for that offence, or with such fine as is provided for the offence, or with both

(section 511).

Every commission of a crime has three stages—

(1) intention to commit it;

(2) preparation for its commission; and

(3) a successful attempt.

Mere intention to commit a crime, not followed by any act, does not constitute an

offence. The will is not to be taken for the deed unless there be some external act

which shows that progress has been made in the direction of it or towards maturing

and effecting it.

Preparation consists in devising means for the commission of an offence. The section

does not punish acts done in the mere stage of preparation. Mere preparation is

punishable only when the preparation is to wage war against the Government of India

(section 122), to commit depredations on the territories of any power at peace with the

Government of India (section 126), or to commit dacoity (section 399).

Attempt is the direct movement towards the commission after the preparations are

made. To constitute the offence of attempt there must be an act done with the

intention of committing an offence, and for the purpose of committing that offence,

and it must be done in attempting the commission of the offence.

It is, however, not necessary to show that it is the last proximate act. It is enough if it is

one in a series.

An attempt can only be manifested by acts which would end in the consummation of

the offence, but for intervention of circumstances independent of the will of the party.

An attempt is punishable even when the offence attempted cannot be committed; as

when a person intending to pick another's pocket thrusts his hand into the pocket but

finds it empty.

If the attempt to commit a crime is successful, then the crime itself is committed; but

where the attempt is not followed by the intended consequences, section 511 applies.

Leading cases:—Abhayanand. Om Prakash. R v Ramsarun. R v Mac Crea. R v Mangesh. R

v Peterson. R v Baku.

1. Stephen's History of Criminal Law of England, vol I.

2. Note Q, p 174.

3. Mrs. Sarah Mathew v The Institute of Cardio Vascular Diseases, (2014) 2 SCC 62 [LNIND 2013

SC 997] .

4. Standard Chartered Bank v Directorate of Enforcement, (2005) 4 SCC 530 [LNIND 2005 SC

476] ; Iridium India Telecom Ltd v Motorola Incorporated, (2011) 1 SCC 74 [LNIND 2010 SC 1012]

.