INDIAN PENAL CODE SECTION 503

INTRODUCTION

Indian Penal Code Section 503 under ‘Chapter XXII’ exclusively deals with criminal intimidation, and insulted annoyance.

Section 503 of the IPC consists of laws that prevent criminal intimidation. It protects against any physical injury or any injury to the reputation of the individual or any other individual of importance or takes the initiative of causing them to take any action that they are not lawfully obligated to do via criminal intimidation.  It is classed as a bailable, non-cognizable, and compoundable offence.

The  ingredients of IPC section 503 are

  1. Threatening to cause any injury to a person. 
  2. Threatening to cause injury to the reputation or property of a person or anyone related.
  3. The threat must be with intent. 
  4. It must occur to cause alarm to that person.
  5. Or, to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally capable of doing.

Is section 503 bailable or not?

A Bail is a legal term that means the temporary release of an accused on the condition that a sum of money is given harassment. The offender can achieve bail from the police station by agreeing to execute the prescribed bail bond before the complaint reaches the magistrate. 

In a bailable offence, bail is provided as a claimed right. It may be provided by the police officer that has custody of the offender or by the court. In order to grant bail, a ‘bail-bond must be executed, with or without the presence of assurance. The bail bond comes with certain criteria that need fulfillment, related to the offence.

IPC Section 503 Non-cognizable offence

Under non-cognizable offence, the police don’t have the authority to arrest the accused without a warrant as well as cannot commence an investigation without the sayso of the court. 

How to file for or defend against IPC Section 503?

Section 503 deals with offences that involve criminal intimidation or threat of death or serious harm. Therefore it’s a given that charges for such crimes, especially for the latter, can be quite tedious to deal with. Hence, it is always recommended to know about the law and its practical application before getting involved, irrespective of whether to file or defend.

A person charged with criminal intimidation can be subjected to two years of imprisonment or can be fined, whereas, any person charged with threatening death or grievous injury can be subjected to seven years of imprisonment or can be fined or both.

On the other hand, the prosecutor’s side needs to prove the fulfillment of certain criteria in court such as proving that the supposed threat occurred and that it occurred with the intent of harm. To summarize, all the parties involved must understand their own rights in order to properly present their case in front of the court.

IPC Section 503 compoundable offence

Section 503 falls under compoundable offence. Compoundable crimes are of a less serious nature. In this, the complainant can enter into a compromise with the accused and withdraw the case from the Court. However, such a compromise may be bonafide and the complainant is not entitled to any consideration for doing so.

Such offences may be divided into two types based on the permission required by the court for compounding. In case, no permission is needed from the court for compromise, such offence can be adultery, defamation, criminal trespass, etc.

Non-compoundable crimes are of a serious nature where no compromise can be made. It can only be quashed. These are generally the cases where the ‘state’, that is the police, has filed the case. Not only the private party but also the whole society is affected by such an offence. All those offences which are not listed under section 320 of CrPC are non-compoundable offences. 

IPC 503

MUST READ

LLM-2023-HOW TO PREPARE FOR CLAT PG

IS WATCHING PORN A CRIME IN INDIA?
CAN A  RETAILER CHARGE MORE THAN MRP?
HOW TO LEGALLY DEAL WITH TELEPHONIC HARASSMENT IN INDIA?
FILING INCOME TAX RETURN (ITR-1) IN 2022

Leave a Comment

Your email address will not be published. Required fields are marked *