Extortion in India by Avinash Chaudhary @ Lexcliq

Extortion in India

 

The crime related to extortion is committed by criminals worldwide towards society. The laws related to extortion is mentioned for India in the Indian Penal Code which is helping the victims of extortion to get justice with the help of that law. Technology is growing in every country day by day that’s, why people will start to commit extortion by both methods whether online or offline it will be affecting people on both sides. The extortion must be harming people whether mentally or physically. The laws related to Extortion have been entailed in Section 383- 389 of IPC. The definition of ‘Extortion’ is given under Section 383 of IPC. Section 384 IPC contains the penalty for extortion whereas Section 385 of IPC entails the punishment for an attempt to commit extortion. It must be noted that Section 386 to 389 go on to the extent of discussing much harsher punishments for much-aggravated forms of extortion.

Definition

As per Section 383 IPC, extortion is an act to put someone in fear of injury or any other harm to obtain his property or any other valuable item. Section 383 IPC reads as follows:

“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 person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.”

The definition of extortion can be understood with the help of the following illustration:

A threatens B that he will kill his wife if B will be failed to pay Rs.1 Crore on his birthday. This is a clear-cut case of extortion against A.

The main essence of Section 383 is obtaining the delivery of property or any item of value in consequence of dishonest inducement. To be more precise, an intention to cause wrongful loss to one and wrongful gain to another is an essential ingredient of extortion.

Essential elements:

  1. Intentionally putting a person in fear of injury:It is a must that the person must 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 essential to constitute extortion.
  2. The purpose of which is to dishonestly induce the person put in fear:The objective of the 0ffence should have been towards the furtherance of the crime of Extortion.
  3. 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.

Punishment

Section 384 contains the punishment for extortion. Section 384 is a cognizable offence wherein police may arrest without warrant and the same is triable by any Magistrate. However, ordinarily, the warrant is required to be issued in the first instance. It is a non-bailable offence and cannot be compounded. Section 384 IPC reads as under:

“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.”

Punishment for Attempt of Extortion

Section 385 IPC deals with the punishment for an attempt of extortion. It must be understood that even putting a person under the fear of injury of any kind is enough to attract punishment under this section. It is a cognizable, bailable and non-compoundable offence and is triable by a Magistrate. Section 385 reads as follows:

“Whoever, in order to the committing of 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.”

CONCLUSION

In this 21st century the persons who are criminals are using their mind to illegally obtaining valuable security from some other person which is not good as per the law of the land. The person who is trying to harm the right of an innocent person must be required to be liable for the offence of extortion. Extortion will be done by the person in different ways and means nowadays criminals are committing cyber theft in the society by committing theft on the data of the companies and then they will demand money or something valuable from them to fulfil their desires for money. If we want to tackle the problem of extortion more measure should be needed to stop a cyber threat and better the presence of law and order in society.

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