Extorting money from someone by intimidation or threatening a person to cause any injury to make that person give some valuable things is an offence of extortion. In this article, we will discuss what is extortion with illustrations, the essential ingredients of extortion, what is section 384 of the IPC, whether it is bailable, how to get bail in Section 384 IPC, the punishment for extortion, the difference between extortion, theft, and robbery.
What is Extortion?
Section 383 of the IPC deals with extortion. If a person intentionally creates fear of injury to a person or any other person, which eventually causes fear in the mind of the person to deliver any valuable security, property, or anything signed or sealed which can be converted into valuable security, then such person has committed extortion.
In extortion, a person forces another person to transfer their valuable treasure to prevent them from causing any harm either physically, mentally, or financially.
Example
Let us understand extortion with the help of some examples –
- A threatens B to kill his daughter if he fails to pay him Rs. 1 Crore. Here A has committed extortion.
- X threatens Y to hack Y’s company system and steal the data if Y does not pay X a ransom amount. Here, X has committed extortion.
Essential ingredients of extortion
To make a person guilty of extortion the following ingredients should be present –
- Deliberately or intentionally putting a person in fear of injury or hurt – It is essential that the person should be put into fear with the intention to gain from the loss of another person where that another person is put under fear of getting hurt or injured by the extortioner.
- Dishonest inducement to the person – The person against whom the offence is committed should be induced dishonestly to deliver the property or valuable security.
- Delivery of valuable security or property – The inducement or threat should result in the actual delivery of property or valuable security.
What is Section 384 of the IPC?
As per Section 384 of IPC, if a person is guilty of committing extortion, then such person will be liable to undergo imprisonment of either description, for a term of up to three years and/or a fine.
However, Section 385 of the IPC deals with punishment for an attempt to commit extortion. It is to be noted that merely putting fear in the mind of the person to cause any harm or injury in an exchange for delivering some valuable security or property is enough to make a person liable for an attempt of extortion. Where such a person will be punished for up to two years of imprisonment of either description and/or fine.
Is Section 384 bailable?
Section 384 IPC is a non-bailable, cognizable, and non-compoundable offence triable by any Magistrate.
Punishment for extortion in aggravated forms
The punishment for the offence of extortion varies depending on the intensity of the crime. Section 386-389 of the IPC deals with punishment for aggravated forms of extortion.
Section 386 of IPC states that if a person commits extortion by inducing a person under the fear of grievous hurt or death to that person or any other person, then such person will be liable for imprisonment of either description for a term of up to ten years and a fine.
Section 387 of IPC states that if a person for the purpose of committing extortion, puts or attempts to put any person under the fear of causing grievous hurt or death to that person or any other person, then such person will be liable for up to seven years of imprisonment of either description and a fine.
Section 388 of IPC states that if a person commits or attempts to commit extortion by inducing a person under fear of an accusation (claim) of having committed or attempt to commit any offence which is punishable with death or with imprisonment for life or ten years imprisonment, against any person or any other person, then such person will be liable for imprisonment of up to ten years and a fine and if the person is punishable for an offence under Section 377 of IPC (Unnatural offences) then the punishment may extend to life imprisonment.
Section 389 of IPC states that if a person for the purpose of committing extortion, puts or attempts to put any person under the fear of an accusation (claim) of having committed or attempt to commit an offence punishable with death or imprisonment for life or ten years of imprisonment, then such person will be liable for imprisonment for life, ten years of imprisonment of either description and a fine and if the offence is punishable under Section 377 of IPC (Unnatural offence) then such person will be punished for imprisonment for life.
Difference between Extortion, theft and robbery
Extortion, theft and robbery sound similar but are different types of offences. Let us look into the points of difference for extortion, theft and robbery.
Points of differences |
Extortion |
Theft |
Robbery |
Meaning |
If a person puts a person in fear of any injury to that person or any other person, with the intention to dishonestly induce the person to deliver any property or valuable security. Then such a person is said to have committed extortion. | If a person dishonestly removes the property of another person without the consent of such person, moves that property to take it away. Then such a person is said to have committed theft. | Robbery can be either theft or extortion. If a person while committing theft or extortion puts the person under fear of instant death or hurt or instant wrongful restraint to that person, thereby inducing the person to carry away things obtained by theft or to deliver things extorted. Then such a person has committed an offence of robbery. |
Consent |
The consent of the owner of the property is taken dishonestly. | There is no consent, as the thief takes away the property without any consent. | Robbery takes place without consent. |
Property |
Extortion is committed on moveable or immovable property | Theft takes place only on movable property. | Robbery takes place on moveable property. |
Element of force |
Element of force is necessary for extortion. | Element of force is not necessary. | Element of force is not necessary. |
Punishment |
As per Section 384, the punishment for extortion is three years of imprisonment of either description and/or a fine. | As per Section 379, a person who commits theft will be liable for imprisonment of up to 3 years and/or a fine. | As per Section 392 IPC, the punishment for the offence of robbery is rigorous imprisonment of up to ten years and a fine. |
Nature of Offence |
Non-bailable, cognizable and non-compoundable offence. | Cognizable, non-bailable and compoundable offence. | Cognizable, non-bailable offence. |
Example |
A induces B to give money, failing which A will kill B. Here A has committed Extortion. | A, C’s maid dishonestly and without C’s knowledge takes away C’s watch with the intention to sell it later. Here, A has committed theft. | A forces B to a gunpoint to give all her valuable things immediately. Here, A has committed robbery. |
Case law
Chander Kala Vs Ram Krishan, 1985
In this case, the Complainant was working as a school teacher in a Govt. Middle School and the Respondent was the headmaster of that school. The Respondent called the Complainant to his house, after a series of events, and threatened to outrage her modesty if she refuses to sign three blank papers. Later, when the Complainant signed the blank papers, he further threatened her to use those signed papers by writing down any false statement and use it to blackmail her if she refuses to act in his accordance. The Supreme Court held that the Respondent is guilty of committing an offence under Section 384 of IPC.
Conclusion
In extortion, the offender forces another person with dishonest intentions to deliver their valuable security, property, or any document which can be converted into valuables, by putting the person into fear of injury or threat. Punishment for extortion varies depending on the gravity of the offence. the essential ingredient to establish the offence of extortion is the dishonest intention, fear of injury or threat, and delivery of valuable security or property. It is a non-bailable, non-compoundable, and cognizable offence that is triable by any Magistrate.
