BNS Section 259 - Putting Person in Fear of Death or Grievous Hurt

Whoever, with intent to cause, or knowing that he is likely to cause, alarm to any person, utters any word or makes any sound in the hearing of such person, or makes any gesture or preparation, knowing or having reason to believe that such word or sound will be heard, or that such preparation or gesture will be seen, by such person.

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Bailable, Cognizable

Official Text

Whoever, with intent to cause, or knowing that he is likely to cause, alarm to any person, utters any word or makes any sound in the hearing of such person, or makes any gesture or preparation, knowing or having reason to believe that such word or sound will be heard, or that such preparation or gesture will be seen, by such person.

Legal Analysis

Elements to Prove:

  • Intent to cause alarm.
  • Uttering words or making gestures.
  • Knowing they will be heard or seen.
  • Causing fear of death or grievous hurt.

Potential Defenses:

  • No intent to cause alarm.
  • Legitimate warning.
  • Authorized action.

Practical Examples

What Constitutes the Offense:

Threatening words, intimidating gestures, frightening behavior.

What Doesn't Constitute:

Legitimate warnings, lawful behavior, or authorized actions.

Punishment

Imprisonment up to 2 years, or Fine, or both