It must be mentioned that the offence under this section is cognizable, non-bailable and cannot be compounded.
![extortion meaning extortion meaning](https://i.ytimg.com/vi/UQxGXzDk7bg/maxresdefault.jpg)
Here, the victim is put under the fear of death or grievous hurt and the extortion is actually committed. The Sections 386-389 are discussed hereunder:Ī) Section 386 IPC: The offence under this section is more serious form of extortion. Even the attempt of extortion by putting someone in fear of death or grievous injury is dealt with more seriously under these sections. The more serious forms of extortion are categorized under Sections 386- 389 IPC, wherein, the victim of the offence is put under the fear of grievous injury or threat to the life of self or of someone else. “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.” More aggravated forms of extortion:Īs discussed, Section 383 – 385 IPC deals with the definition and followed by punishment for extortion and its attempt. It is cognizable, bailable and non-compoundable offence and is triable by a Magistrate. It must be understood that even putting a person under the fear of injury of any kind is enough to attract punishment under this section.
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Section 385 IPC deals with the punishment for an attempt of extortion. “Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” Punishment for Attempt of Extortion It is a non- bailable offence and cannot be compounded. However, ordinarily, the warrant is required to be issued in the first instance. Section 384 is a cognizable offence wherein police may arrest without warrant and the same is triable by any Magistrate. Section 384 contains the punishment for extortion. To deliver property or valuable security: The actual transaction must have happened to have the section come into play in its entirety. The purpose of which is to dishonestly induce the person put in fear: The objective of the 0ffence should have been towards the furtherance of the crime of Extortion.ģ. The actual delivery of the property is essential to constitute extortion.Ģ. Intentionally putting a person in fear of injury: It is a must that the person must have an intention to cause a wrongful gain to one and wrongful loss to another in a manner where another person is put under threat. To be more precise, an intention to cause wrongful loss to one and wrongful gain to other is an essential ingredient of extortion. The main essence of Section 383 is obtaining the delivery of property or any item of value in consequence of dishonest inducement.
![extortion meaning extortion meaning](https://i.pinimg.com/originals/cb/80/20/cb802037c299e100584732d3b7a67082.jpg)
This is a clear-cut case of extortion against A.
![extortion meaning extortion meaning](https://i.pinimg.com/736x/f3/52/bc/f352bce312c2a92881f83ca0f6eb1c43.jpg)
The definition of extortion can be understood with the help of the following illustration:Ī threatens B that he will kill his wife if B will be failed to pay Rs.1 Crore on his birthday. “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”.” DefinitionĪs per Section 383 IPC, extortion is an act to put someone in fear of injury or any other harm to obtain his property or any other valuable item. It must be noted that Section 386 to 389 go on to the extent of discussing much harsher punishments for much-aggravated forms of extortion. Section 384 IPC contains the penalty for extortion whereas Section 385 of IPC entails the punishment for an attempt to commit extortion. The definition of ‘Extortion’ is given under Section 383 of IPC. The laws related to Extortion have been entailed in Section 383- 389 of IPC.