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II. The Offence of Criminal Intimidation: Sections 503 and 506 IPC (A) The Legal Framework

24. As to what amounts to criminal intimidation punishable under Section 506 IPC is defined under Section 503 of the IPC. Section 503 IPC states:

"503. Criminal intimidation.— Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, 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 entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."

25. Section 506 IPC provides for punishment for the offence committed under Section 503 IPC.

Section 506 reads as follows:

“506. Punishment for criminal intimidation - Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” “If threat be to cause death or grievous hurt, etc.- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or (imprisonment for life), or with imprisonment for a term which may extend to seven years, or to  impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.” (Emphasis added) Section 506 IPC thus prescribes two kinds of punishments. First, a lesser punishment for committing the offence generally, as defined under Section 503 IPC, for which the punishment may extend to two years, or with fine, or with both. Second, where the criminal intimidation relates to a threat to cause death or grievous hurt, or to impute unchastity to a woman, it is considered an aggravated form of the offence of criminal intimidation which is punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

50. In the present case, the mere threat that the appellant would upload the video of the prosecutrix in a nude state on social media is quite a distressing and frightening proposition for a woman. If acute shame, distress, and embarrassment are visited upon a woman due to fear that her nude picture would be displayed to the public, there can be no doubt that such an act would certainly be a cause for alarm, which is what Section 503 IPC speaks of and to the extend, the ingredient for the offence under the first part of Section 503 IPC is clearly made out.

51. Further, if it can be proved that the prosecutrix was threatened by the appellant to upload the video, and that the said threat was intended to prevent her from communicating with the appellant at the disturbing prospect of the video being uploaded, it can be said that criminal intimidation was committed by the appellant, which will come under the second part of Section 503 IPC.

III. Whether Non-Recovery of the Mobile Phone/Videography is Fatal?

52. The appellant contends before this Court as also contended before the Trial Court and High Court that no photo or video material had been recovered during the investigation to prove the existence of such a video and hence in absence of the videos, it cannot be said that offence under Section 503 IPC punishable under Section 506 IPC has been made out.