The Legal Anatomy Of Extortion Under IPC

March 21, 2024
Extortion under IPC

Extortion is the illegal stealing of property or money by violence or intimidation. It is a terrible crime that has affected communities for generations to come. In terms of law, extortion is considered a serious crime bearing severe penalties. The Indian Penal Code (IPC) provides an extensive structure for understanding and responding to extortion in India.

Extortion under IPC

  • Extortion is prohibited in India because it goes against fundamental justice and fairness ideals and endangers the welfare of both the person and the community. 
  • Section 383 of the Indian Penal Code (IPC) expressly forbids extortion. It states that as per the legal definition of extortion, it is defined as the deliberate infliction of fear of injury or damage to another person’s property to collect property from them.

IPC Section 384: Explanation 

  • The Indian Penal Code’s (IPC) section 384 addresses the penalties for extortion. 
  • Anyone who commits or engages in extortion is subject to punishment under section 384 IPC, which includes fines, imprisonment of any kind for up to three years, or both, depending on the specifics of the case.
  • Putting otherwise, an individual found guilty of extortion may be subject to a fine, a maximum three-year jail sentence, or both. The particular penalty will be determined by the judge’s discretion and the facts of the case.

Punishment for Extortion

  • The punishment for extortion is that any individual found guilty of extortion faces a maximum sentence of three years in prison of any kind, a fine, or both.

Are Extortion and Blackmail the Same Offence?

  • The act of obtaining something (such as cash, goods, or services) from someone by force, threats, intimidation, misuse of power, or other means is known as extortion. Blackmail, on the other hand, is the practice of extorting money from someone. Using extortion, including threats, violence, or misuse of power, to extract money from someone is known as blackmail.
  • The blackmail ipc section is the same as the section for extortion under the Indian Penal Code. The ipc section for blackmail is the same as for extortion, Section 384 of the IPC, which provides punishment.  

Extortionate Demands under IPC

The IPC concentrates on extortionate demands under Sections 383 to 389. Extortion is described in Section 383 as the purposeful implantation of fear of harm to compel the transfer of assets or substantial security.

Several vital requirements must be met for there to be for extortionate demands to be recognized as an IPC offense:

  • Objective: The perpetrator has to have an objective of making the victim frightened to ensure they are obligated to comply with their demands.
  • Coercion: When someone who is the target of extortionate demands feels threatened with violence or injury, this constitutes a case of coercion.
  • Fraudulent Inducement: Any demand for the surrender of valuable assets or possessions has to be made fraudulently with no good intentions.
  • Delivery of Property: As a consequence of the perpetrator’s force or intimidation, the person being targeted is compelled to surrender the demanded possession or cherished security.

Criminal Intimidation and Extortion: Difference

It entails using persuasion, force, or threats to unlawfully take money, property, or any other valuable item from a person.It entails purposefully instilling worry in another person about their safety or the safety of their belongings.
It is described in the IPC’s Section 383.It is described in the IPC’s Section 503.
Criminal intimidation is not as serious of an offense as extortion.Compared to extortion, criminal intimidation constitutes a less serious offense.
It is considered to be a cognizable and non-bailable offence.It is considered to be a non-cognizable and bailable offence.
The key elements are: Theft through coercion, Threats or coercion and Illegal behaviourThe key elements are: threatening actions, Willingness to instill terror, the terror of injury

The crime of extortion is when someone coerces someone else into giving up their valuables or property out of fear of harm or threat. Section 384 of the Code of 1860 prohibits extortion. It takes the satisfaction of a few requirements to establish the guilt of another individual. There should be a transfer of property, dishonest intent, and fear, injury, or menace. 

These days, though, the courts use a different tack. If the complainant can show beyond a reasonable doubt that the accused has committed an offense for which the requirements of the crime may not be met, the accused may be found guilty of extortion.

Extortion under IPC FAQs

What is extortion in IPC?

Section 383 of the Indian Penal Code, 1860 (IPC) defines extortion as the deliberate infliction of fear upon another person, either directly or indirectly, with the intent to deceive that person into delivering property, a valuable item, or anything sealed and signed, with the intent to commit extortion.

What is the IPC 389 for extortion?

Putting someone in fear of being charged with a crime carries a death sentence, life in prison, or a ten-year jail sentence to carry out extortion.

Is extortion a bailable offence?

Extortion is a crime that is cognizable and subject to a non-bailable offence under Section 384 of IPC.

How can we prove extortion in India?

It is easy to determine that there are two necessary components after reviewing the legal provisions. These are:

  • deliberately instilling in someone the dread of harming themselves or another person.
  • dishonestly instilling such dread in the person that they are afraid to give any property or important security to anyone.

What is extortion of property?

The illegal use of force, threats of force, or intimidation to obtain money or property from a person or organization is known as extortion. Threats against the victim’s person, belongings, family, or friends are typically part of extortion.

Is extortion compoundable?

Section 384 of the Indian Penal Code defines the offense as one that is cognizable, meaning that the police can arrest without a warrant. Additionally, the court may decide to impose bail in this case as it is not a punishable offense. Furthermore, extortion is not a punishable violation.

What is the difference between theft and extortion?

The primary difference between extortion and theft is that the former involves taking another person’s property without that person’s agreement, while the latter involves using force or the threat of force to get a person to give up their property.

What is the difference between criminal intimidation and extortion?

Extortion’s primary goal is to obtain cash or any other kind of valued security. Threatening someone to do something they are not legally required to do or persuading someone not to do something they are legally required to do are the two basic goals of criminal intimidation.

How do I file an extortion case?

The first thing you should do if you think you’ve been the victim of extortion is get in touch with the local police station in the area where it happened. To report the crime, you can either go in person to the police station or contact the local emergency number.

What are the dangers of extortion?

If you refuse to pay them right away, they might threaten to have you arrested, deported, or even physically harmed. They can even use threats of sharing your sent movies or nude photos as a form of blackmail if you don’t send them money. Refrain from giving in to threats.

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