Monday, 20 June 2022

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.




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