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The Section 506(ii) does not exist in Pakistan Penal Code 1860, the Criminal Intimidation requires intent to Alarm or coerce Specific Actions; Pre-Arrest Bail confirmed --- Lahore High Court, Lahore

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The Section 506(ii) does not exist in Pakistan Penal Code 1860, the Criminal Intimidation requires intent to Alarm or coerce Specific Actions; Pre-Arrest Bail confirmed --- Lahore High Court, Lahore

Islamabad 01-11-2024: In a recent ruling, the Lahore High Court granted pre-arrest bail to Habib ur Rehman, the petitioner in [Crl. Misc. No. 56879/B/2024], who faced charges of criminal intimidation. The judgment offers critical insights into the scope and application of Section 506 of the Pakistan Penal Code, 1860, and emphasizes the need for precise legal interpretation in criminal cases involving intimidation threats.

The case stems from [FIR No. 519], filed on 12 July 2024 at the Bambanwala Police Station in District Sialkot, charging Habib ur Rehman under Sections 506(ii) and 34 of the Pakistan Penal Code. The petitioner allegedly threatened the complainant and another individual at gunpoint, causing them significant alarm.

In its decision, the Lahore High Court clarified several legal aspects of Section 506 of the Pakistan Penal Code. Notably, the Court highlighted the non-existence of Section 506(ii) in Chapter XXII of the PPC, countering a common misinterpretation. The Court underscored that Section 506 is a single provision addressing criminal intimidation, with varying levels of punishment based on the severity of the threat but without any independent “first” or “second” part.

The Court explained that for intimidation to qualify as “criminal,” there must be a clear intent to cause alarm or compel action that the victim is not legally bound to take. In this case, while the FIR described the petitioner’s threats, it did not establish the required intent to cause alarm or coerce action as defined under Section 503 of the Criminal Procedure Code, 1898. This interpretation reinforced that the offense of criminal intimidation must involve intent to create a specific reaction in the victim, rather than merely issuing a threat.

The Court determined that the petitioner’s guilt remained undetermined and required further inquiry, especially given his cooperation in the investigation. The judgment confirms the petitioner’s pre-arrest bail, with the condition of furnishing bail bonds totaling Rs. 100,000. The Court emphasized that pre-arrest detention was not justified at this stage.

In a notable directive, the Lahore High Court ordered copies of the judgment to be sent to the Inspector General of Police, Punjab, and the Prosecutor General, Punjab. This directive aims to ensure that law enforcement officials correctly apply statutory provisions, avoiding incorrect citations of non-existent sections like 506(ii), which may lead to legal inconsistencies and misinterpretation.

This ruling from the Lahore High Court serves as a significant clarification on the proper application of Section 506 of the Pakistan Penal Code, potentially influencing future cases related to criminal intimidation.