Extortion (S. 383 – S. 389):

Under the Indian penal code, the term extortion has been defined explicitly and how it is constituted. Section 383 of the Indian penal code states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuade him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned in a valuable security. Punishment regarding extortion is enshrined under section Section 384 of the Indian penal code.

Ingredients of extortion:

  • Intentionally putting a person in imminent threat or injury;
  • Dishonestly putting a person in fear so that he/she will deliver his property, valuables to another person.

Case Law: Dhananjay v. State of Bihar

In this case, the court held that to constitute extortion, one must fulfil these ingredients:

  1. Accused must put a person or any other person in fear of injury;
  2. Intentionally person was put in fear by the accused;
  3. The inducement was on the part of the accused to deliver the property;
  4. Inducement should be made dishonestly.

Case law: Queen v. Nathalirc Mirad [(1844) 7 WR Cr 28]

In the instant case, bishop was threatened in

order to expose his illegitimate relation with a woman. This act was considered as an offence of extortion

Case law: Romesh Chandra Arora v. The State (AIR 1960 SC 154)

A boy and a girl was compelled by the accused to take off their clothes. While they were naked several photographs were taken by him. Later these photos were used by the accused in order to extort money from them. This act was considered to be an offence of extortion.

Punishment regarding the offence of extortion:

Under Section 384 of the Indian penal code punishment for extortion has been prescribed. If a  person commits such offence, he/she shall be punished with the imprisonment of 3 years or with fine or both.

Under Section 385 of the Indian penal code if a person while committing the offence of extortion puts another person in fear of injury, then he/ she shall be punished with the imprisonment of 2 years or fine or both if he while committing such crime. 

Section 386 to 389 deals with aggravated forms of Extortion.

Under Section 386 of the Indian penal code if a person commits an offence of extortion while putting a person in a sense of fear of imminent threat to his life which amounts to death or severe hurt to his body, then he/she shall be held liable for rigorous imprisonment of 10 years or fine.

Under Section 387 of the Indian penal code, if a person while committing extortion puts or attempts to put another person in a position where there is a sense of fear of death or severe hurt to his body, then he/she shall be punished for imprisonment which may extend to 7 years and is also liable to fine.

Under Section 387 of the Indian penal code, if a person commits an offence of extortion by threatening to accuse or attempts to accuse another person, then he/she shall be punishable with death or with life imprisonment or with the rigorous imprisonment which may extend to 10 years or fine.

Under Section 388 of the Indian penal code, if a person commits an offence of extortion by threat of accusation to a person, then he/she shall be punished with death, or with imprisonment for life or with imprisonment which may extend to ten years, or have attempted to induce any other person to commit extortion, shall be punished with imprisonment of either description which may extend to ten years, or shall also be liable to fine.

Under Section 389 of the Indian penal code, if a person commits an offence of extortion by threat of accusation to a person, shall be punished with death, or with imprisonment for life or with imprisonment which may extend to ten years, or have attempted to induce any other person to commit extortion, shall be punished with imprisonment of either description which may extend to ten years, or shall also be liable to fine.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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