Devar (Brother-in-Law) Threatening and Intimidating—What Legal Action Can Be Taken Under Pakistani Law? Is There Any Case I Can File and How?

Public Legal Queries
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In response to your query about the legal recourse available if your brother-in-law (Devar) is threatening you, here is some guidance:

Understanding the Situation

You are seeking to understand what legal actions can be taken against your brother-in-law for issuing threats and creating a sense of intimidation.

Legal Guidance

Under Pakistani law, the act of threatening and intimidating someone is a punishable offense.

  1. Filing a First Information Report (FIR):
  • You can file an FIR at the nearest police station under Section 506 of the Pakistan Penal Code (PPC), which deals with punishment for criminal intimidation.The Pakistan Penal Code, Section 506 states 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.
  • Lodge the FIR as soon as possible after the threatening incident to ensure the case’s credibility.
  1. Sections of the Pakistan Penal Code (PPC) to Consider:

  • Section 503 of the PPC defines criminal intimidation.The Pakistan Penal Code, Section 503 states Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone 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.

  • To constitute criminal intimidation, the threat must be made with the intent to cause alarm or to compel the threatened person to do something they are not legally obligated to do, or to prevent them from doing something they are legally entitled to do.

  • Section 506 of the PPC prescribes the punishment for criminal intimidation.

  • If the threats involve causing death, grievous hurt, or destruction of property, the punishment may extend to imprisonment for up to seven years, a fine, or both.

  1. Gathering Evidence:
  • Collect any evidence of the threats, such as recorded phone calls, text messages, emails, or witness statements.
  • Promptly preserve all evidence to support your case.
  1. Seeking Legal Advice:
  • Consult with a lawyer to discuss the specifics of your situation and to get guidance on the best course of action.
  • A lawyer can help you draft the FIR, represent you in court, and ensure that your rights are protected.

Relevant Judgments

  • Mst. AMAN MAI and others versus Mst. NASREEN, 1989 MLD 4726, clarifies that mere threats without the intent to cause alarm or coerce specific actions do not amount to criminal intimidation.
    • Relevance to your query: This judgment helps define what constitutes criminal intimidation, emphasizing the importance of proving intent to cause alarm or coerce actions through threats.
  • GHULAM RASUL v. Ch. SALEEM SHAD, 1986 PCrLJ 823(2), states that a threat simpliciter does not amount to criminal intimidation under section 503, P.P.C., as the threat must be to cause alarm or compel the person to do something they are not legally bound to do or to omit something they are legally entitled to do to avoid the execution of such threat.
    • Relevance to your query: This judgment specifies that not all threats qualify as criminal intimidation; there must be an element of coercion or causing alarm.
  • MUHAMMAD NAWAZ and 5 others Versus THE STATE, 1991 P Cr. L J 1759, highlights that the unconditional threat may not constitute criminal intimidation.
    • Relevance to your query: This judgment elaborates on the interpretation of abduction and criminal intimidation under the Penal Code in cases involving family members and unconditional threats, meaning that a simple threat is insufficient to press charges and make a case.

Additional Legal Considerations:

  • Protection Against Harassment:
    • If the threats and intimidation amount to harassment, you may also seek protection under specific laws designed to prevent harassment.
  • Domestic Violence:
    • If the threats occur within a domestic setting, consider the provisions of domestic violence laws, which provide additional protection to victims of domestic abuse. It is important to note that, as defined by The Balochistan Domestic Violence (Prevention and Protection) Act, 2014, Section 4, domestic violence also includes criminal intimidation as defined in section 503 of the said Code.

Procedural Steps

  1. Police Station:
  • Visit the local police station to file an FIR. Provide a detailed account of the threats, including dates, times, and the nature of the threats.
  1. Magistrate Court:
  • After filing the FIR, the police will investigate the matter. If the police find sufficient evidence, the case will be presented before a magistrate court.
  1. High Court:
  • In some instances particularly where a trial court decision has been made, you may need to approach the High Court if you are not getting the justice you deserve.