1. Introduction
Assail
is any willful attempt or threat to inflict injury upon the person of another
when coupled with an apparent present ability so to do, any intentional display
of force such as would give the victim reason to fear or expect immediate
bodily harm, constitute an assault. And criminal intimidation means willfully
to take, or attempt to take by putting in fear of bodily harm.
2. RELEVANT PROVISIONS
Following
are the relevant provisions regarding concerned topic.
Sections
351 and 352 for assault.
Sections
503 and 504 for criminal intimidation
3. ASSAULT
I. MEANING
Any willful attempt or threat to inflict
injury upon the person of another when coupled with an apparent present ability
so to do, any intentional display of force such as would give the victim reason
to fear or expect immediate bodily harm, constitutes an assault.
II. DEFINITION
Whoever makes any gesture, or any
preparation intending or knowing it to be likely that such gesture or preparation
will cause any person present to apprehend that he who makes that gesture or
preparation about to use of criminal force to that person, is said to commit an
assault.
(III) WHAT AMOUNTS TO ASSAULT
Mere
words do not amount to assault. But the words in which a person may give his gesture or
preparation such a meaning as may make
those gesture or preparation to an assault.
(IV) ILLUSTRATIONS OF ASSAULT
(a)
A shakes hisfist at Z, intending or knowing it to be likely that he may there
by cause Z to believe that A is about to strike Z, A has committed assault.
(b) A
begins t unloose the muzzle of a ferocious dog, intending or knowing it to be
likely that he may thereby cause Z to believe that he is about to cause the dog
to attack Z, A has committed assault.
(V) INGREDIENTS OF ASSAULT
(i) Gesture or preparation:
There
must have been made a gesture or preparation to use. criminal force by the
accused. As if no gesture or preparation to use criminal force has been made by
him then no case of assault is made out against the accused. So in order to
secure the conviction of accused under this section. It is necessary there has
been made a gesture or any preparation to use criminal force by him.
(ii) Presence of another person:
Such
gesture or preparation must have been made in presence of person in respect of
whom said gesture or preparation was made. As if it is not made out by a person
in the presence of another then it would not amount to assault. So to make out
the case of assault, it is necessary that such gesture or preparation have been
made out by a person in the presence of another.
(iii) Intention or Knowledge
That
the accused must have the intention or knowledge likelihood that such gesture
or preparation, would cause that other person to apprehend that criminal force would be used against him.
This ingredient of assault is very important one. If it lacks then there could be
no assault by a person who making it.
(iv) Apprehension to use of criminal force:
The
fourth and blast ingredient of the offence of assault is that such gesture or
preparation must have caused in the mind of that other person that the accused
would use criminal force against him. As any gesture or preparation which
causes an apprehension in another person's mind that he is going to use
criminal force against him, would amount to commission of assault.
(vi) PUNISHMENT FOR ASSAULT:
According
to Section 352, whoever assaults to any person other than on grave and sudden
provocation given by that person shall be punished with:
(i)
imprisonment of either description for a term which may extend to three months
; or
(ii)
with fine which may extend to one thousand five hundred rupees, or
(iii)
with both
3. CRIMINAL INTIMIDATION
(I) MEANING
By
intimidation means willfully to take or attempt to take by putting in fear of
bodily harm.
(II) DEFINITION U/S 503 OF PPC:
Whoever
threatens another with an injury to his .person 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 an act which that person is legally
entitled to do, as the means of avoiding the execution of such threat, commits
criminal intimidation.
(iii) EXPLANATION OF SECTION 503
A
threat to injure the reputation, of any deceased person in whom the person
threatened is interested, is within this section.
(iv) ILLUSTRATION OF CRIMINAL INTIMIDATION
A,
for the purpose of inducing B to, desist from prosecuting a civil suit,
threatens to burn B's house. is guilty of criminal intimidation.
(v) INGREDIENTS OF CRIMINAL INTIMIDATION
Following
are the ingredients of the offence of criminal intimidation.
a. Threatens another with injury
There
must be a threat by the accused to another person with any injury (i) to his
person, reputation or property; or (ii) to the person, or reputation of any one
in whom that person in interested.
Threat
to another person with any injury to his person, reputation or property means
that the treat should be of an illegal act.
b. Threat with an intent to cause alarm etc
In
order to constitute the offence of criminal intimidation, the threat of injury
to the person, in body, mind reputation must be 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 in legally entitled to
do. As if the threat is not to do something which he was not legally bound to
do or omit to do something which he was legally entitled to do, then this would
not be amount to criminal intimidation. So the threat intended must be the one
which is referred to in section 503.
(iii) Communication of threat
The
offence defined by Section 503 is threat communicated or uttered with the
intention of its b_le, communicated to the person threatened for the purpose of
influencing that man's mind. It follows that the three need not be uttered
directly to the person intimidated. IT is sufficient if the threat is intended
to be an is communicated to such person.
(VI) CRIMINAL INTIMIDATION AND EXTORTION
Criminal
intimidation is analogous to extortion in extortion the immediate purpose. is
obtaining money, or money's worth. In criminal intimidation the immediate
purpose is to indices the person threatened to do or abstain from doing
something which he was not legally bound to do or omit.
(VII) PUNISHMENT FOR CRIMINAL INTIMIDATION
Whoever
commits the offence of criminal intimation shall be punished with:
i. imprisonment
of either description for a term which may extend to two years; or
ii. with
fine or
iii.
with both
DIFFERENCE BETWEEN ASSAULT AND CRIMINAL INTIMIDATION
1. AS TO SECTIONS
Assault
has been defined under section 351 of PPC but criminal intimidation has been
defined under section 503 of PPC.
2. AS TO IMMEDIATE PURPOSE
In
assault, there is immediate purpose but in criminal intimidation 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.
3. AS TO APPREHENSION
In
assault, the gesture or preparation is to cause the apprehension in the mind of
another person that criminal force will be used against him but In criminal
intimidation, the threat is to cause not only injury to the person but also
injury to is reputation and property and also to the person and, reputation of
anyone else in whom the threatened person is interested.
4. WITH REGATDING TO COMPLETION OF OFFENCE
The
offence of assault is completed as soon as gesture or preparation is made to
cause the apprehension of the use of criminal force but In criminal
intimidation, the execution of threat is avoided, if the person threatened acts
as the offender desire.
5. PRESENCE OF SUBJECT
In
assault, the threat has been made by a person in the presence of another person
but In criminal intimidation, it can be addressed not only to the person
present but also to another, in whom the person intimidated is interested
including a deceased.
6. PERSONAL PRESENCE
In
assault, presence of both offender and victim is necessary but In criminal
intimidation presence of victim is not necessary. Threat may be communicated to
him.
7. AS TO PUNISHMENT
In
assault, the offender is punished with three months imprisonment or with fine
of one thousand five hundred rupees or with both but In criminal intimidation
the offender is punished with imprisonment of two years or with fine or with
both.
ANALYSIS
In
last to conclude I can, say that assault and criminal intimidation all two
different things and should not be mixed together and there are so many points
of differences between them such as, as to immediate purpose, as to
appreciation etc.
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