Extortion 384 IPC – Punishment for Extortion

Extortion gets termed as an offence under section 383 of the Indian Penal Code, 1860.

It also gets referred to as threatening a person to cause injury to him and inducing him to obtain any benefit or advantage from him.

It’s a dishonest inducement to make another person deliver any property or any valuable security or anything signed, sealed, which may get converted into any valuable security.

Mere causing of wrongful loss would not be sufficient to establish a case of extortion.

The offence of extortion gets completed when the property delivery gets completed against a person, made possible by putting that person in fear of injury or harm.

Section 384 IPC, 1860 prescribes punishment for extortion

Essential elements of extortion

There are three essential elements of extortion. The offence of extortion gets completed when these elements are satisfied. These are:-

1. Intentionally putting a person in fear of injury or harm- Is an essential element for establishing a case of extortion. It puts a person in fear of injury or harm to obtain wrongful gain or cause wrongful loss to that person.
2. Purpose to dishonestly induce the person- The objective of extortion is to induce the person dishonestly.
3. To make the person deliver- The delivery of property must get completed. Any person induced to deliver:-
   • Any property, either movable or immovable property
   • ‘Valuable security’ is defined under section 30.
   • Anything signed or sealed may be converted into a valuable security.

Punishment

Section 384 IPC defines the punishment for extortion.

The punishment for extortion incorporates imprisonment of up to three years or with a fine, or with both.

It is a cognizable, non-bailable and non-compoundable offence.

Punishment for attempt of Extortion

Section 385 of IPC provides the punishment for an attempt to commit extortion. It states the punishment for putting a person in fear of injury to commit extortion, which is an act in itself considered an attempt. Though, section 385 doesn’t expressly prescribe the word ‘attempt’.

Putting a person in fear of injury by threatening him is an act in consequence of committing extortion.

Whoever commits an attempt of extortion will get punished with imprisonment extending up to two years or with a fine or both.

It is a cognizable, non-compoundable and bailable offence triable by a magistrate.

Other aggravated forms of extortion

There are other more aggravated forms of extortion and their punishments laid in sections 386-389.

Under the sections, an offence of extortion gets committed by putting someone in fear of grievous injury or threat to the life of self or any other person.

Even the attempt to extortion gets considered as an offence, and punishments are laid for these too.

Section 386– The offences under this section is considered a more severe form of extortion. The offence of extortion gets committed by putting the victim or any other person related to him in fear of death or grievous hurt.

This offence is punishable with imprisonment extending up to ten years and with a fine.

Section 387– The offence under the section is an attempt for the offence covered in the previous section mentioned above.

This section prescribes the attempt for extortion by putting a person in fear of death or grievous hurt.

This threat is given to such a person to commit extortion. So, the act under this section is an attempt at extortion by creating fear of death or grievous hurt.

Section 388 covers the offence of extortion done by threat of accusation of a crime punishable with death or imprisonment of life, etc.

This section covers the offence of extortion in a more aggravated form and a broad sense. This section states that,

If a person does extortion for any other person by threatening that person of accusing him of any offence or attempt of commission of the offence which is punishable with death, imprisonment for life or imprisonment up to ten years or inducing that person to commit such crime, then,

That person is liable to be punished with imprisonment of up to ten years with a fine, or if the offence is under section 377 of IPC, the punishment will be imprisonment for life.

Section 389– This section covers the attempt to commit extortion by putting or attempt to put a person in fear of accusation of an offence or attempt to commit a crime which is punishable with death, imprisonment for life or imprisonment up to ten years or inducing that person to commit such offence then,

That person is liable to be punished with imprisonment of up to ten years with a fine, or if the offence is under section 377 of IPC, the punishment will be imprisonment for life.

The onus proof in a case of extortion is on the prosecution.

Section 377 states that if a voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with life imprisonment, or with imprisonment for a term extending up to ten years will be liable to fine.

Penetration is sufficient to constitute the offence of carnal intercourse.

Conclusion

All the laws related to extortion are covered from sections 382-389 of the Indian Penal Code.

Simply, Section 383 defines the Act of extortion and its punishment in 384 IPC incorporation the punishment for extortion.

The other section covers forms of extortion and its attempt.

Extortion offences are on the rise these days and are committed mainly by the person having an undue influence on the victim.

Most of the time, public servants are involved in these extortion cases by threatening the victim with false accusations or putting them in fear of injury or harm.

Extortion is a serious offence that is most of the time evaded and not reported by the victim to the authorities just because of the fear of the offender repeating it next time or no appropriate action will be taken by the authorities as the offender is a person at a position of higher influence or,

The victim is not aware of the provisions under this code against this offence.