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Criminal Law

Someone is threatening me. Is that a crime?

Simple answer

Yes, often. Threatening to harm you, your family, your property or your reputation, to scare you or force you to do something, is criminal intimidation. Threats to kill, cause serious injury or set fire to property can bring up to 7 years in jail.

Real-life examples

Lakshmi's neighbour tells her, 'Withdraw your complaint or I will burn your shop.' This is criminal intimidation with a threat of fire, punishable with up to 7 years (BNS 351(3)).

Joseph's business partner says, 'Pay my dues or I will take you to court.' Threatening to use a legal right, like filing a case, is not criminal intimidation.

Tenzin gets threatening calls from an unknown caller who hides his identity. Making a threat anonymously can add up to 2 more years of jail (BNS 351(4)).

What should you do?

  1. 1If you are in immediate danger, call 112 and move to a safe place.
  2. 2Save proof: call recordings, messages, voice notes, letters, call logs, and names of people who heard the threat.
  3. 3Give a written complaint at the police station and keep a stamped copy. A threat alone is non-cognizable, so police may record only an NCR.
  4. 4If the threat comes with another crime like extortion, stalking or assault, ask police to add that offence and register an FIR.
  5. 5If police don't act, file a complaint before the Judicial Magistrate. You can also ask the Executive Magistrate to make the person sign a bond to keep the peace.

Exceptions & limits

  • Threatening lawful action, like filing a case, sending a legal notice or complaining to police, is not criminal intimidation.
  • Angry words said without intent to alarm you may not be a crime. But a deliberate insult meant to provoke a fight can be an offence (BNS 352).

Official legal reference

  • Bharatiya Nyaya Sanhita, 2023 — Section 351

    Criminal intimidation: up to 2 years; up to 7 years for threats to kill, cause grievous hurt or fire; up to 2 more years if anonymous.

    Earlier: IPC Sections 503, 506, 507Read the official text

  • Bharatiya Nyaya Sanhita, 2023 — Section 352

    Intentional insult meant to provoke a breach of the peace: up to 2 years, or fine, or both.

    Earlier: IPC Section 504Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 174

    Non-cognizable cases: police record the complaint and refer you to the Magistrate. If any offence in the case is cognizable, the whole case is treated as cognizable.

    Earlier: CrPC Section 155Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 126

    An Executive Magistrate can order a person likely to breach the peace to sign a bond to keep the peace for up to 1 year.

    Earlier: CrPC Section 107Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 223

    Complaint to a Magistrate: the complainant and witnesses are examined on oath, and the accused is heard before the court takes up the case.

    Earlier: CrPC Section 200Read the official text

Where to get help

Emergency (ERSS)

Police, fire or ambulance in an emergency, anywhere in India.

Call 112

National Cyber Crime Helpline

Report online financial fraud immediately so the money trail can be frozen.

Call 1930cybercrime.gov.in

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

Source & status

Applies to
All of India
Law in force since
1 Jul 2024
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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