Section 383 of Indian Penal Code
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 property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Section 384 of Indian Penal Code “Punishment for 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.
Essentials of extortion
An act which causes imminent threat and injury to a person.
The act must be done intentionally and deceitfully.
Such a person tends to cause injury to another person in which he seeks interest.
An unreasonable force should be shown through which a person seeks to take the property or any other valuable goods of another person or any document.
So it can be concluded if a person commits an offence which includes the all the following points as mentioned above then the offence committed is known as extortion.
Intention plays an important role. The gravity of such dishonest intention upon the facts and circumstances of a case. For example, if A takes any valuable stuff from B at point of a gun, then a is an offence of extortion.
Recent Case of Aryan Khan & Others for Consumption & Possession of Drugs
The two friends were arrested at a terminal when they were about to go on a cruise ship party. Khan, Merchant, and several others were detained under laws “related to possession, consumption and sale of illegal substances.”
A complaint was lodged against Sameer Wankhede, the top cop who is investigating this case alongwith others claiming an extortion bid of Rs 25 crore for letting off accused Aryan Khan, son of actor Shah Rukh Khan, in the drugs case.
A witness by the name of Prabhakar Sail submitted an affidavit claiming that Narcotic Control Bureau (NCB) officer Sameer Wankhede and NCB witness K.P. Gosavi–who is currently missing–demanded Rs 18 crore from Shah Rukh Khan to release his son.
Later Wankhede denied the allegations being made against him in this case and claimed he was under a lurking threat of arrest as it does not suit some vested interests for conducting an honest and impartial investigation.
It can be concluded that the commission of both theft and extortion is an offence punishable under the Indian penal code. There is a line difference between both of them. Theft is an offence in which movable property of a person is taken away and it is taken away without his consent. 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.
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.
If you are interested in participating in the same, do let me know.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at firstname.lastname@example.org
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge