Is section 506(2) Criminal Intimidation of IPC Cognizable and Non-Bailable in Mumbai?

What is section 506 of Indian Penal Code?

Section 506 of the Indian Penal Code 1860 deals with Criminal Intimidation. It states that:

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.

What is section 506 Part 2 of Indian Penal Code? 506(2) or 506(II)

The second half of the section 506, which contains the aggravated form of Criminal Intimidation is called 506 Part 2 or 506(2) or 506(II).

It covers an aggravated form of Criminal Intimidation which includes threats related to:

  • threat to cause death or
  • threat to cause grievous hurt, or
  • threat to cause the destruction of any property by fire, or
  • threat 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
506(2) IPC

Is 506(2) Bailable or Non-Bailable in Greater Bombay/Mumbai?

Section 506(2) is Cognizable and Non-Bailable in Greater Bombay / Mumbai region.

As per Notification of Government of Maharashtra, dated 4-10-1962 offences punishable under S. 506 (2) of the Indian Penal Code (1860) are Cognizable and Non-Bailable. 

The text of the Notification reads as follows:

“Government of Maharashtra Notification, Home Department (Special) No. S.B. I/CIA/1060/26953, dated the 4th October, 1962 as amended by Notification, Home Department (Special No. S.B. I/CIA/1061/27115 dated the 10th August, 1962 No. S.B. I/CIA. 1060/26963. In exercise of the powers conferred by section 10 of the Criminal Law Amendment Act, 1932 (XXIII of 1932) and in supersession of Government Notification, Home Department (Political) No. S.D. 7753, dated the 27 th WP/2841/2013 with connected writ petitions December, 1932, the Government of Maharashtra hereby declares that the offence of criminal intimidation punishable under section 506 of the Indian Penal Code (XLV of 1860), where the threat is 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, when committed in Greater Bombay shall, notwithstanding anything contained in the Code of Criminal Procedure 1898 (V of 1898), be cognizable and non-bailable.

By order and in the name of Governor of Maharashtra.
J.R. Gabral Deputy Secretary to the Government of Maharashtra, Home Department.

Is 506(2) Non-Bailable in other parts of India too?

Yes. Apart from Greater Mumbai, section 506(2) of the Indian Penal Code 1860 is Non-Bailable in Uttar Pradesh as well.

The Uttar Pradesh Government has issued a Notification No. 777/VIII-9 4(2)-87, dated July 31,1989, published in U.P. Gazette, Extra Part-4, Section (Kha), dated 2nd August, 1989 by which the Section 506 IPC was made cognizable and non bailable.

The aforesaid Notification No. 777/VIII 9-4 (2)-87 dated July 31, 1989, published in the U.P. Gazette, Extra, Part-4, Section (kha) dated 2nd August, 1989 states as follows:

“In exercise of the powers conferred by Section 10 of the Criminal Law Amendment Act, 1932 (Act No. XXIII of 1932) read with Section 21 of the General Clauses Act, 1897 (Act No.10 of 1897) and in super session of the notifications issued in this behalf, the Governor is pleased to declare that any offence punishable under Section 506 of the Indian Penal Code when committed in any district of Uttar Pradesh, shall  notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No.2
of 1974) be cognizable and non-bailable.”

The aforesaid notification has been issued under Section 10 of the Criminal Law Amendment Act, 1932 (Act No. 23 of 1932), which provides as follows:

“10. Power of State Governments to make certain offences cognizable and non-bailable.—

(1) The State Government may, by notification in the Official Gazette,
declare that any offence punishable under section 186, 188, 189, 190, 228, 295A, 298, 505, 506 or 507 of the Indian Penal Code (45 of 1860), when committed. in any area specified in the notification shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), be cognizable, and thereupon the Code of Criminal Procedure, 1898, shall, while such notification remains in force, be
deemed to be amended accordingly.

(2) The State Government may, in like manner and subject to the like conditions and with the like effect, declare4 that an offence punishable under section 188 or section 506 of the Indian Penal Code (45 of 1860), shall be non-bailable.”

Just like the Maharashtra Amendment for Greater Bombay even in Uttar Pradesh, the validity of the aforesaid Notification dated 31-07-1989 was examined by Full Bench of the Court in the case of Meta Sewak Upadhyay versus State of U.P.,1995 CJ (All) 1158. The Full Bench proceeded to hold that “Section 10 of the Act of 1932 and Notification No. 777/VIII-9-4 (2) (87) dated July 31, 1989 are valid. The aforesaid Full Bench decision in Meta Sewak Upadhyay (Supra) has been approved by the Hon’ble Supreme Court in Aires Rodrigues versus Vishwajeet P. Rane (2017) 11 SCC 62.

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