1) Introduction : 

     Section 383 of the Indian Penal Code defines extortion and Section 384 of the Indian Penal Code provides punishment for extortion. 


2) Extortion : 

       Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits "extortion".

Illustrations  : 

     (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.

     (b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A to Z sings and delivers the note. A has committed extortion.

     (c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.

    (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z sings and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security A has committed extortion.

 Ingredients :

To invoke Section 383 of the Indian Penal Code following ingredients are to be satisfied. 

(1) A person must intentionally put any person in fear of injury,

(2) Dishonestly inducing the person so put in fear to deliver to any person :

   (a) property; or

   (b) valuable security; or
     
   (c) anything signed and sealed which can be converted into a valuable security

 
3) Punishment for Extortion : 

       According to Section 384 of the Indian Penal Code, whoever commits extortion shall be punished with imprisonment (either simple or grievous) of either description for a term which may extend to three years, or with fine, or with both.

       Offences under this section is cognizable, non-bailable, non-compoundable and triable by any Magistrate.


4) Putting person in fear of injury in order to commit extortion.

        Section 385 of the Indian Penal Code says that, whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.


Ingredients : 

To invoke Section 385 of the Indian Penal Code following ingredients are to be satisfied.

(1) The extortioner puts or attempt to put any person in fear of injury.

(2) The intention is to commit extortion.


The offence under Section 385 is cognizable, bailable, non-compoundable and triable by any Magistrate.

 5) Extortion by putting a person in fear of death or grievous hurt : 

       Section 386 of Indian Penal Code says that, whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
 



Ingredients 

To invoke Section 386 of the Indian Penal Code following ingredients are to be satisfied.

(1) A person commits extortion

(2) The extortioner put any person in fear of death or of grievous hurt

(3) The extortioner did so intentionally.


     The offence under this Section (Sec 386) is cognizable, non-bailable, non compoundable and triable by a Magistrate of First Class.

  

6) Putting person in fear of death or of grievous hurt, in order to commit extortion :

            Section 387 of the Indian Penal Code says that, whoever in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.


Ingredients  

To invoke Section 387 of the Indian Penal Code following ingredients are to be satisfied.

(1) A person puts any person in fear of death or of grievous hurt :

    (i) to that person

    (ii) to any other person 
 
(2) He does so in order to committing of extortion.



7) Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. (Section 388) .

           Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with  imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life


Ingredients : 


To invoke Section 387 of the Indian Penal Code following ingredients are to be satisfied.

(1) The accused (extortioner) put the complainant or some other in fear of accusation of an offence punishable with death or imprisonment for life.

(2) That such accusation was intentional

(3) That the accused thereby induced the person threatened, to deliver to some person, property or valuable security.

(4) The extortioner (accused)  acted dishonestly in doing so in an aggravated form;

(5) That an unnatural offence was committed by him.

        The offence under Section 388 of the Indian Penal Code is cognizable, bailable, non-compoundable punishable up to 10 years (punishment may be simple or grievous) and triable by a Magistrate of first class.


 8) Putting person in fear or accusation of offence, in order to commit extortion (Section 389) :
    
       Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with imprisonment for life.


Ingredients :

To constitute an offence under this section following ingredients must be proved :

(1) The extortioner (accused ) put or attempted to put a person in fear; 

(2) The fear was of an accusation for an offence or an attempt to commit it;

(3) Such offence was punishable with death or imprisonment for life;

(4) The accused (Extortioner) did so in order to commit extortion.


   The offence under this Section 389 of the Indian Penal Code is cognizable, bailable, non-compoundable, and triable by a Magistrate of the First Class.

See also 

1) Difference / Distinction between Theft and Mischief

2) Causing Death by Negligence (Indian Penal Code 1860)

3) Offences Relating to Weights and Measures (Indian Penal Code,1860)

4) Distinction / Difference between Kidnapping and Abduction

5) Distinction / Difference between Criminal Conspiracy and Abetment

0 comments:

Post a comment

See Also..