Indian Penal Code 1860 – Section 354 – For it to apply, the offence must be committed against a woman; criminal force must be applied against her; and such application of force must be with the intent to outrage her modesty. (Para 12)
Indian Penal Code 1860 – Section 503– For an offence u/s 503 to be established, it must be shown that:- (1) Threatening a person with any injury; (i) to his person, reputation or property; or (ii) to the person, or reputation of anyone in whom that person is interested. (2) Such threat must be intentional; (i) to cause alarm to that person; or (ii) to cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat; or (iii) to cause that person to omit to do any act which that person is legally entitled to do as the means of avoiding the execution of such threat. (Para 13) A mere statement without intention would not attract the offence – For an offence of criminal intimidation to be prima facie established, the intention should be clearly visible, and the same is to be established by evidence on record.(Para 13.2-13.3)
Mens Rea – For mens rea to be established, something better than vague statements must be produced before the court. (Para 12.4)
Code of Criminal Procedure 1973 – Section 482– While considering an application u/s 482 CrPC, the court cannot conduct a mini-trial but instead is to be satisfied that prima facie the offences as alleged are made out. To put it differently, it is to be seen, without undertaking a minute examination of the record, that there is some substance in the allegations made which could meet the threshold of statutory language. (Para 10)