Laws For everyday life
Extortion - criminalised
IN the previous week, we defined instances of extortion according to the Penal Code, 1860, which also distinguished when extortion is robbery. Putting someone in fear of accusation of offence, injury, death or of grievous hurt in order to commit extortion are also punishable offences according to the Penal Code. This week we'll consider the provisions in the Code of Criminal Procedure, 1898 with regards to offences of extortion.
THE CODE OF CRIMINAL PROCEDURE, 1898
Part III - General provisions,Chapter V - Of arrest, escape and retaking
Arrest of vagabonds, habitual robbers, etc
55. (1) Any officer in Charge of a police-station may, in like manner, arrest or cause to be arrested-
(a) any person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view committing a cognisable offence; or
(b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or
(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.
Part VI - Proceedings in prosecutions, Chapter XV - Of the jurisdiction of the criminal courts in inquiries and trials
Accused triable in district where act is done or where consequence ensues
179. When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued.
Example
(a) A is wounded within the local limits of the jurisdictions of Court X, and dies within the local limits of the jurisdiction of Court Z. The offence of the culpable homicide of A may be required into or tried by X or Z.
(b) A is put in fear of injury within the local limits of the jurisdiction of Court X, and is thereby induced, within the local limits of the jurisdiction of Court Y, to deliver property to the person who put him in fear. The offence of extortion committed on a may be inquired into or tried either by X or Y.
(c) A is wounded in Dhaka, and dies of his wounds in Chittagong. The offence of causing A's death may be inquired into and tried in Chittagong.
Part VI - Proceedings in prosecutions,Chapter XIX - Of the charge
What persons may be charged jointly
239. The following persons may be charged and tried together, namely:-
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence;
(c) persons accused of more than one offence of the same kind, within the meaning of section 234 committed by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same transaction;
(e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last named offence;
(f) persons accused of any offence under sections 411 and 414 of the Penal Code or either of those sections in respect of stolen property the possession of which has been transferred by one offence; and
(g) persons accused of any offence under Chapter XII of the Penal Code relating to counterfeit coin, and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges.
Extortion criminalises intimidation and interference with freedom of choice. It punishes those who, through threats, accusations, menaces, or violence induce or attempt to induce their victims into doing anything or causing anything to be done. Threats, accusations, menaces and violence clearly intimidate. When threats are coupled with demands, there is an inducement to accede to the demands. This interferes with the victim's freedom of choice, as the victim may be coerced into doing something he or she would otherwise have chosen not to do.
--Compiled by Law Desk.
