Section 506 IPC – whether bailable or non-bailable?

Question:

I want to know whether Section 506 of Indian Penal Code is bailable or non-bailable in Maharashtra? Someone told me that it is non-bailable in Maharashtra, though in general it is bailable.

Reply:

Section 506 IPC, as it exists today, is reproduced below:

“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.”

In general, Section 506 IPC is bailable and non-cognizable in India as a whole (excluding Jammu & Kashmir where IPC does not apply) except in States where the application of this Section has been amended. The exceptions are as under:

Andhra Pradesh. – In Andhra Pradesh, the offence under Section 506 is cognizable and non-bailable if committed in Andhra Pradesh. [vide G.O.M. No. 732, dt. 5-12-1991].

Uttar Pradesh. – Any offence punishable under Section 506, IPC, when committed in any district of Uttar Pradesh shall be, notwithstanding anything contained in the Criminal Procedure Code, 1973, cognizable and non-bailable. [vide Notification No. 777/VIII 9-4(2)-87, dt. 31-7-1989, published in U.P. Gazette, Ext., Pt.-A, Section (Kha) dt. 2-8-1989].

Uttarakhand. – Since in 1989, Uttarakhand was a part of U.P., therefore, the aforesaid Notification of U.P. issued in 1989 should cover Uttarakhand also.

Maharashtra. – In Maharashtra, in general, the offence under Section 506 IPC continues to be bailable and non-cognizable. However, I may point out that in view of a Government of Maharashtra Notification, which was issued in the year 1962 in exercise of the powers conferred by section 10 of the Criminal Law Amendment Act, 1932, the offence of criminal intimidation punishable under section 506 of IPC 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. [It is pertinent to point out that power to issue such Notification was given under the said Criminal Law Amendment Act, 1932, without there being any need for formally amending Cr.P.C.].

Thus, in so far as Greater Bombay area of Maharashtra is concerned offence under Section 506 IPC appears to be cognizable and non-bailable if the threat related to the aforesaid purposes. However, for the remaining parts of Maharashtra, offence under Section 506 IPC appears to be bailable and non-cognizable.

Update (9 January 2015):

Question: Whether section 506 IPC is cognizable or not in AP & Telangana states? [Asked by: Sailu.]

Answer: As pointed out in the main article, vide G.O.M. No. 732, dt. 5-12-1991, the offence under Section 506 IPC has been made cognizable and non-bailable if committed in Andhra Pradesh. In 1991, Telangana and (present-day) Andhra Pradesh, were both in the then existing Andhra Pradesh State, therefore, Section 506 IPC is cognizable and non-bailable both in Telangana and Andhra Pradesh states.

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