Section 383-389 of Indian Penal Code examine the laws related to Extortion. Definition of Extortion is given under section 383 of Indian Penal Code. Section 383 reads as “Whosoever 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”. Extortion is an act to put someone in fear of injury or any other harm to obtain his property or some other valuable item.
Punishment for Extortion is given under section 384 of Indian Penal Code. Section 384 reads as “Whosoever 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 an attempt of extortion is given under section 385 of Indian Penal Code. It is cognizable, bailable and non-compoundable offence and is triable by a Magistrate. Section 385 reads as “Whoever, in order to commit 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”.
INGREDIENTS OF EXTORTION
Intentionally putting an individual in fear of injury :
The individual should 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. The actual delivery of the property is fundamental to constitute Extortion.
The purpose of which is to dishonestly induce the person put in fear :
The objective of the offence should have been towards the furtherance of the crime of Extortion.
To deliver property or valuable security :
The actual transaction must have happened to have the section come into play in its entirety. If at all, for any reason.
CASE LAWS :
ROMESH CHANDRA ARORA V. THE STATE, 1960
For this situation, a boy and a girl was compelled by the accused to remove their garments and while they were naked he took many photographs of them. Later these photos were used by the accused in order to extort money from them. This act here was viewed to be an offence of extortion.
GURUSHARAN V. STATE OF PUNJAB, 1996
For this situation, it was held that one of the elements of the offence is that the offender “persuade the person so as to put in fear then and there to deliver up the thing extorted. Regardless of whether the money demanded is paid after few days, it still amounts to extortion.
RAJESH BAJAJ V. NCT OF DELHI AND ORS.
In this case,the court held that the court should not take consideration of a hypo-technical approach in some cases. If the injured party is able to prove and lay a actual foundation to demonstrate that the accused has committed extortion is sufficient to prosecute the accused for the same.
QUEEN V. NATHALIRC MINARD, 1844
For this instance,the bishop was threatened in order to uncover his illegitimate relationship with a lady. This act was considered as an offence of extortion.
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