Skip to main content

Extortion – Section 383-387 of IPC

 Extortion – Section 383-387 of IPC

Section 383 of IPC speaks about extortion , it means putting a person into a situation where the other person may get bodily harmed or injured if they dont provide with the valuable or any property that has good value and can be converted into money in lieu of their safety  ,.
It is a situation where valuable property are unlawfully taken over by the owner of their property by keeping him/her in a situation of fear of his body or anything he/she fancy .
A bully in school asks for lunch box from other kids else they would be beaten up by the bully .
Here, bully would be guilty of extortion.
Ingredient required to call it an offence of extortion
- Intentionally putting a person in fear
-To dishonestly induce such a person so put in fear
-scare the person so that they deliver to any person any property , valuable , or anything signed
-anything which has market value and can be converted in terms of money


In case of ,Romesh Chandra Arora v. The State
The accused in this case compelled the respondents to open their clothes and took their photos.
Then threatened them to give money in lieu of that photos .

In case of Chandra kala v. Ram Kishan
The head master of the school (Respondent) threatened a teacher of the same school to sign 3 blank papers else he would attack on her modesty , which was held as extortion .

Section 384 speaks about punishment for extortion
It is cognizable , non bailable , non-compoundable offence . Any magistrate can conduct the trial .

Section 385 speaks about putting person in fear in order to commit extortion 
It says that if a person is caught in action while implementing his action of extortion .
The person is yet to commit extortion, so, the punishment is less than other sections.
Under this section ,the offender would be punished for imprisonment up to 2 years or fine or both.
It is a cognizable , non bailable , non compoundable offence and any magistrate can conduct the trial.

Section 386 speaks about extortion by putting a person in fear of death or grievous hurt
It means if a person commits extortion by increasing the frequency of threat and directly aims to put a person in fear of death or grievous hurt in lieu of valuables or something of offenders interest .
The offender would be punished for imprisonment up to ten years , and shall also be liable to fine.
For example – Mr.Kohli puts a peddler on gun point and ask for all the gold she is wearing . This act would amount to extortion .
They are cognizable , non-bailable , non-compoundable offences and any magistrate of 1st class can conduct the trial.

Section 387 speaks about putting person in fear of death or grievous injury in order to commit theft
Under this section the offender is yet to commit the offence of extortion ,so, the punishment decreases with that to extortion committed .
The accused would be punished for imprisonment upto 7 year and shall also be liable to fine.




Comments

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...