Criminal Intimidation, Digital Sexual Threats and Evolving Notions of Chastity: A Critical Analysis of the Supreme Court’s 2026 Decision on Section 506 IPC

 I. Introduction

The Supreme Court’s judgment VIJAYAKUMAR Vs STATE OF TAMIL NADU 2026 INSC 525 dated 22 May 2026, affirming the conviction of a police constable under Part II of Section 506 of the Indian Penal Code (IPC), marks a significant doctrinal development in the law of criminal intimidation, reputation‑based harm, and the constitutional understanding of women’s sexual autonomy. The Court upheld the conviction for threatening to upload a secretly recorded bathing video of the prosecutrix on social media, while the same accused stood acquitted of rape, deceitful inducement of marriage and voyeurism under Sections 376, 493 and 354C IPC respectively. This separation of liability—acquittal on sexual offences but conviction on aggravated criminal intimidation—invites critical analysis for trial courts, appellate courts and scholars.

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Supreme Court: What are essential ingredients of offence punishable U/S 504 and 506 of IPC?

  Section 504 of the Indian Penal Code contemplates intentionally insulting a person and thereby provoking such person insulted to breach the peace or intentionally insulting a person knowing it to be likely that the person insulted may be provoked so as to cause a breach of the public peace or to commit any other offence. Mere abuse may not come within the purview of the section. But, the words of abuse in a particular case might amount to an intentional insult provoking the person insulted to commit a breach of the public peace or to commit any other offence. If abusive language is used intentionally and is of such a nature as would in the ordinary course of events lead the person insulted to break the peace or to commit an offence under the law, the case is not taken away from the purview of the Section merely because the insulted person did not actually break the peace or commit any offence having exercised self control or having been subjected to abject terror by the offender. In judging whether particular abusive language is attracted by Section 504, Indian Penal Code, the court has to find out what, in the ordinary circumstances, would be the effect of the abusive language used and not what the complainant actually did as a result of his peculiar idiosyncrasy or cool temperament or sense of discipline. It is the ordinary general nature of the abusive language that is the test for considering whether the abusive language is an intentional insult likely to provoke the person insulted to commit a breach of the peace and not the particular conduct or temperament of the complainant. {Para 25}

26. Mere abuse, discourtesy, rudeness or insolence, may not amount to an intentional insult within the meaning of Section 504, Indian Penal Code if it does not have the necessary element of being likely to incite the person insulted to commit a breach of the peace of an offence and the other element of the Accused intending to provoke the person insulted to commit a breach of the peace or knowing that the person insulted is likely to commit a breach of the peace. Each case of abusive language shall have to be decided in the light of the facts and circumstances of that case and there cannot be a general proposition that no one commits an offence Under Section 504, Indian Penal Code if he merely uses abusive language against the complainant. In King Emperor v. Chunnibhai Dayabhai, (1902) 4 Bom LR 78, a Division Bench of the Bombay High Court pointed out that:

To constitute an offence Under Section 504, Indian Penal Code it is sufficient if the insult is of a kind calculated to cause the other party to lose his temper and say or do something violent. Public peace can be broken by angry words as well as deeds.

27. A bare perusal of Section 506 of the Indian Penal Code makes it clear that a part of it relates to criminal intimidation. Before an offence of criminal intimidation is made out, it must be established that the Accused had an intention to cause alarm to the complainant.

28. In the facts and circumstances of the case and more particularly, considering the nature of the allegations levelled in the FIR, a prima facie case to constitute the offence punishable Under Section 506 of the Indian Penal Code may probably could be said to have been disclosed but not Under Section 504 of the Indian Penal Code. The allegations with respect to the offence punishable Under Section 504 of the Indian Penal Code can also be looked at from a different perspective. In the FIR, all that the first informant has stated is that abusive language was used by the Accused persons. What exactly was uttered in the form of abuses is not stated in the FIR. One of the essential elements, as discussed above, constituting an offence Under Section 504 of the Indian Penal Code is that there should have been an act or conduct amounting to intentional insult. Where that act is the use of the abusive words, it is necessary to know what those words were in order to decide whether the use of those words amounted to intentional insult. In the absence of these words, it is not possible to decide whether the ingredient of intentional insult is present.

19. Applying the principles as explained aforesaid, we are of the view that none of the ingredients to constitute the offence punishable Under Sections 504 and 506 of the Indian Penal Code respectively are borne out.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 352/2020

Decided On: 16.01.2025

Om Prakash Ambadkar Vs. The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

J.B. Pardiwala and R. Mahadevan, JJ.

Citation:  MANU/SC/0134/2025, 2025 INSC 139.

Read full Judgment here: Click here.

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What amounts to abetment to commit suicide?(remote mental pressure)

“Whether a direct/remote mental pressure associated with
serious criminal intimidation be treated as an abetment to commit
suicide? When and why a person commits suicide?
 Mr. Basu in his usual eloquence made an erudite submission that
sometimes in a society which consists of different communities, norms,
practices and even prejudices entertained by the members of a community
largely control their social attitude. Such attitude may not be commendableor accepted by the other communities, yet practices/prejudices continue the
signature tune in the life of particular community.
35. I find there is no reason to differ with his views about the social
customs, usage and mind set of different communities. But the menace of
the custom should be axed. It would not be prudent to allow that mind set,
which has a detrimental effect, to go on. Now, we are in 21st Century and
not in 18th Century, when “Sati daha” system was prevalent. Our social
reformers like Raja Rammohon Roy, & others rose to the occasion and as a
result, “Satidaha” system was abolished and at the instance of Vidyasagar,
Hindu Widow’s remarriage had seen the light of the day. Simply that
custom was there so it may be seen from that angle is not an acceptable
argument. It is true that a decade ago “Sati daha” (Roop Kanowar) took
place and recently “Khap Panchayat” came to the news. These are mere
exceptions. Indian culture does not permit it.
36. A poor Muslim boy, who is educated enough, fell in love with
Hindu girl and married legally to which that adult Hindu girl had full
consent. They led their conjugal life for some days. The parents-in-law,
who are business magnets, raised stiff opposition. They knew that they
could not dissolve the marital tie legally. So, they have taken the help of
Lalbazar i.e. High Officials of Calcutta Police Headquarter. Only by
encashing their business charisma, they got full support of the highly placed
top brass police officials and negotiated the issues so that the parents could
get back their daughter. Days together, there were meetings after meetings.
When the father and uncle failed to convince Priyanka to come back, they
took the help of police officer again. They have taken the plea that thefather of the girl was ailing and he desired to meet his daughter. On that
pretext, after giving an undertaking by one of the relations, (Anil Saraogi)
Priyanka was taken back to her parents’ house on the ground of seeing her
ailing parents. Curiously enough, within two days, so-called ailing father
took Priyanka to Tirupati so that the victim Rizwanur could not keep any
contact with Priyanka. It is anybody’s guess, as to what type of serious
illness the father of Priyanka had.
37. When and why a person commits suicide? It depends on the mind
set of an individual. In similar circumstances, one may not commit suicide
but other does. But it is axiomatic truth that out of pleasure and joy nobody
commits suicide. Nobody commits suicide when he passes through his own
normal life. People take such stern decisions under certain circumstances.
No prediction is possible. Psycho-analysists and researchers of this field
have identified some factors, which drives a person to commit suicide.
38. These factors are sense of unbearable psychological pain, a sense
of isolation from others and a perception that death is the only solution,
when the said individual is temporarily unable to think candidly being
blinded by overwhelming pain. The researchers pointed out that negative
emotions, shame, anger, fear, sense of guilt and extreme sadness may be
the foundation for self-destructive behaviour.
39. There are many other prime factors such as recent extreme
stresses, social pressure, chronic pain, physical disease, social stigma, any
kind of trauma of permanent nature and severe depression, which are
considered as one of the reasons of suicide.40. More often than not suicide stems from blocked or unfulfilled
psychological needs. This tends to be what causes the pain that the suicidal
act seeks to end. A pervasive sense of hopelessness, defined in terms of
pessimistic expectations about the future, is even more important than
other form of negative emotions, such as anger and depression, in predicting
suicidal behaviour. In such a situation, the person who commits suicide is
fully convinced that nothing can be done to improve his situation.
Sometimes some people contemplate suicide. They have ambivalent feelings
about this decision. Therefore, the suicide provides a distinctive way to
escape from intolerable circumstances, which includes painful selfawareness.
The cessation can be visualized as offering a solution to life’s
problems.
41. A person’s mind and body may react to trauma over a period time,
perhaps days, weeks or months so the people suffering from a trauma react
in different ways, suicide is the result of ‘psychotic’. An unbearable
psychological pain arising largely from frustrated psychological needs. It is
said there is a great deal of psychological pain in the world without suicide
but there is no suicide without a great deal of psychological pain.
42. In this instant case from the day of getting the news of marriage of
Priyanka with Rizwanur, the parents and relations of Priyanka tried tooth
and nail to dissolve the marriage. Initially they persuaded but failed.
Thereafter, offered bribe by placing a blank cheque. Again Rizwanur and
Priyanka refused. The parents took the help of police personnels of high
rank. This also initially did not click. Being induced by the parents, top
brass police officials began to threat Rizwanur to arrest on the ground ofabduction. At the behest of police an agreement was entered into by which
Priyanka was taken back to her parents’ house of seven days. She was
supposed to come back on 15.09.2007/16.09.2007. But she did not come
back. She was not kept in West Bengal. She was taken to Tirupati, Rizwanur
could not contact with his wife. Priyanka however made contact through
other’s phone on conference. Why conference call? When Priyanaka has cell
phone of her own. This indicates Priyanka’s mobile was not with Priyanka.
Conference call was there so that another person could hear their
conversation. Human Rights Commission was informed. A human right
organisation (APDR) also interfered. The victim was contemplating to take
legal action and out of fear he even could not remain in his house. He had to
take shelter in the house of his friends. During that period he could not
keep contact with his lady love. All these factors appear from the statement
recorded under Section 161 Cr.P.C. This apart, a huge money was given to
Pappu by Todi at ITC Sonar Hotel. Priyanka also corroborated that her
parents, relations and police personnels, constantly persuaded as well as
threatened Rizwanur for entangling him in a criminal case.
43. If one considers these facts, then it can be prima facie held such
activities are the clear indications to put Rizwanur in extreme depressed
condition. He could not fight with his parents’ in law, who are moneyed
men. Police did not give him any assistance rather they were hostile. Local
M.L.A. also turned hostile. Therefore, he had faced hindrances from four P’s
i.e. ‘Power of money’ (of Todi’s) ‘Police’, ‘Politician’, and ‘Poverty’, (his own).
He had no ventilator in his life, from where he could get oxygen to breathe.
These are the surrounding circumstances as appeared from the
investigation. Therefore, it appears prima facie that creation of suchsituation is the cause of suicide. Such acts as described above are prima
facie the glaring examples of instigation and incitement.
44. Therefore, if we consider the cumulative effect of mental pressure put by
the accused persons associated with criminal intimidation and the factors
(as mentioned above) which leads person to commit suicide are taken
together then it prima facie comes within the purview of ‘abetment’.
45. In the words of Bertrand Russel ‘To feel tragedy, a man must be aware of
the world in which he lives, not only with his mind but with his blood and
sinews. ‘(Conquest of happiness)’. The victim’s note discloses all these

things.’
 IN THE HIGH COURT AT CALCUTTA
(CRIMINAL REVISIONAL JURISDICTION)
C.R.R. No. 1396 of 2011
(Ahok Kr. Todi vs. C.B.I.)

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Leading Supreme Court Judgment on the essential ingredient of the offence of Criminal Intimidation

 Section 506 IPC prescribes punishment for the offence of criminal intimidation. "Criminal intimidation" as defined in Section 503 IPC is as under:-

"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.

Explanation.- A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section."

14. A reading of the definition of "Criminal intimidation" would indicate that there must be an act of threatening to another person, of causing an injury to the person, reputation, or property of the person threatened, or to the person in whom the threatened person is interested and the threat must be with the intent to cause alarm to the person threatened or it must be to do any act which he is not legally bound to do or omit to do an act which he is legally entitled to do.

 In the instant case, the allegation is that the appellants have abused the complainant and obstructed the second respondent from discharging his public duties and spoiled the integrity of the second respondent. It is the intention of the accused that has to be considered in deciding as to whether what he has stated comes within the meaning of "Criminal intimidation". The threat must be with intention to cause alarm to the complainant to cause that person to do or omit to do any work. Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of this section. But material has to be placed on record to show that the intention is to cause alarm to the complainant. From the facts and circumstances of the case, it appears that there was no intention on the part of the appellants to cause alarm in the minds of the second respondent causing obstruction in discharge of his duty. As far as the comments posted on the Facebook are concerned, it appears that it is a public forum meant for helping the public and the act of appellants posting a comment on the Facebook may not attract ingredients of criminal intimidation in Section 503 IPC.

Supreme Court of India

Manik Taneja & Anr vs State Of Karnataka & Anr on 20 January, 2015

Bench: V. Gopala Gowda, R. Banumathi

Citation;(2015) 7 SCC 423.

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Whether posting of comment on facebook amounts to criminal intimidation?

 In the instant case, the allegation is that the appellants have abused the complainant and obstructed the second respondent from discharging his public duties and spoiled the integrity of the second respondent. It is the intention of the accused that has to be considered in deciding as to whether what he has stated comes within the meaning of "Criminal intimidation". The threat must be with intention to cause alarm to the complainant to cause that person to do or omit to do any work. Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of this section. But material has to be placed on record to show that the intention is to cause alarm to the complainant. From the facts and circumstances of the case, it appears that there was no intention on the part of the appellants to cause alarm in the minds of the second respondent causing obstruction in discharge of his duty. As far as the comments posted on the Facebook are concerned, it appears that it is a public forum meant for helping the public and the act of appellants posting a comment on the Facebook may not attract ingredients of criminal intimidation in Section 503 IPC.

Supreme Court of India

Manik Taneja & Anr vs State Of Karnataka & Anr on 20 January, 2015

Bench: V. Gopala Gowda, R. Banumathi

Citation;2015 ALLSCR 960:AIR 2015 SC(SUPP)671

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