Crime Punishment
Offence against property: Extortion
Section 383.
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 property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".
Illustrations
A threatens to publish a defamatory libel concerning A unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
Section 384. Punishment for extortion
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.
Section 385. Putting person in fear of injury in order to commit extortion
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.
Applicability of these sections
For the application of the section 383 few elements must be fulfilled like dishonesty, delivery by the person put in fear. The offence is carried out by overpowering the will of the owner. The essence of the offence of extortion is in the actual delivery of possession of property by the person put in fear and the offence is not complete before such delivery. Section 385 provides for punishment of an extortion which remained at the stage of threat, the offence not being commited.In order to attract the provision of this section it is necessary that the accused should have put some person in fear of injury as defined in the code in order to extort some property from him.
Classification of offence
The offences under these sections are Cognizable Non-bailable-Triable by any MagistrateNon-compoundable.
Source:Zahirul Huq's Penal Code.
