EXTORTION UNDER IPC AND ITS

PUISHMENT

A RESEARCH PAPER IS SUBMITTED IN THE PARTIAL FULFILMENT OF THE

COURSE TITLED – CRIMINAL LAW 1 FOR THE REQUIREMENT OF DEGREE OF
B.B.A.,L.L.B(HONS.) FOR ACADEMIC SESSION 2109-20

SUBMITTED BY :-

GAURAV DEEP RAJAN

ROLL NO: 2018

SEMESTER: Third

SUBMITTED TO:-
Dr. Fr. PETER LADIS F
FACULTY OF CRIMINAL LAW -1

AUGUST,2019

CHANAKYA NATIONAL LAW UNIVERSITY,

 NYAYA NAGAR, MITHAPUR, PATNA – 800001.

DECLARATION

I hereby declare that the project entitled “EXTORTION UNDER IPC AND ITS
PUNISHMENT” submitted by me at CHANAKYA NATIONAL LAW UNIVERSITY is a
record of bona fide project work carried out by me under the guidance of our mentor Dr.
Fr. Peter Ladis .I further declare that the work reported in this project has not been
submitted and will not be submitted, either in part or in full, for the award of any other
degree or diploma in this university or in any other university.

----------------

GAURAV DEEP RAJAN

Roll no. 2018

ii | P a g e
 ACKNOWLEDGEMENT

It is a fact that any research work prepared, compiled or formulated in isolation is

inexplicable to an extent. This research work, although prepared by me, is a culmination of
efforts of a lot of people who remained in veil, who gave their intense support and helped
me in the completion of this project.

Firstly, I am very grateful to my mentor Dr. Fr. PETER LADIS, without the kind support
and help of whom the completion of this project was a herculean task for me. He donated his
valuable time from his busy schedule to help me to complete this project. I would like to
thank him for his valuable suggestions towards the making of this project.

I am highly indebted to my parents and friends for their kind co-operation and
encouragement which helped me in completion of this project. I am also thankful to the
library staff of my college which assisted me in acquiring the sources necessary for the
compilation of my project.

Last but not the least, I would like to thank the Almighty who kept me mentally strong and
in good health to concentrate on my project and to complete it in time.

I thank all of them !

---

GAURAV DEEP RAJAN

ROLL NO. -2018

B.B.A., L.L.B.(Hons.)

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Contents
1. EXTORTION: DEFINITION...................................................................................5
OBJECTIVES OF STUDY......................................................................................... 6
HYPOTHESIS........................................................................................................ 6
RESEARCH METHODOLOGY.................................................................................. 6
SOURCES OF DATA............................................................................................... 7
LIMITATIONS OF STUDY....................................................................................... 7
SCOPE OF THE STUDY.......................................................................................... 7
2. QUANTUM OF EXTORTION UNDER IPC...............................................................8
Examples of Extortion....................................................................................... 12
Differences Between Extortion and Robbery....................................................12
Understanding the Degrees of Extortion..........................................................12
Penalties for Extortion...................................................................................... 13
Proving Extortion.............................................................................................. 13
3. EXTORTION : A JUDICISL INTERPRETATION.....................................................14
4. CONCLUSION................................................................................................. 18
BIBLIOGRAPHY..................................................................................................... 21

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 1. EXTORTION: DEFINITION
Section 383 of Indian Penal Code. "Extortion"

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"1.

Illustrations(a) A threatens to publish a defamatory libel concerning Z unless Z gives him

money. He thus induces Z to give him money. A has committed extortion.(b) A threatens Z
that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a
promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has
committed extortion.

(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B a
bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to
sign and deliver the bond. A has committed extortion.(d) A, by putting Z in fear of grievous
hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z
signs and delivers the paper to A. Here, as the paper so signed may be converted into a
valuable security. A has committed extortion. Section 383 of Indian Penal Code
"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.

 The essential ingredients of the offence of extortion2:

1. The accused must put any person in fear off injury to himself or other.
2. The putting person in such fear must be intentional.
3. The accused must there by induced the person so put in fear to deliver to any person
any property or anything signed or shield which may converted in a valuable
security.
4. Such inducement must be done dishonestly

1
INDIAN PENAL CODE,1860
2
Class Notes

5 |Page
Extortion is the crime of obtaining money or property by threat to a victim's property or
loved ones, intimidation, or false claim of a right. It is defined under section 383 of Indian
Penal Code. It is dealt from section- 383 to section 389. Extortion is a felony in all states.
Blackmail is a form of extortion in which the threat is to expose embarrassing and damaging
information to family, friends, or the public. Inherent in this common form of extortion is
the threat to expose the details of someone's private lives to the public unless money is
exchanged. Extortion can take place over the telephone, via mail, text, email or other
computer or wireless communication. If any method of interstate commerce is used in the
extortion, it can be a federal crime.

Virtually all extortion statutes require that a threat must be made to the person or property of
the victim. Threats to harm the victim's friends or relatives may also be included. It is not
necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse
another person of a crime or to expose a secret that would result in public embarrassment or
ridicule. The threat does not have to relate to an unlawful act.

OBJECTIVES OF STUDY
1. The researcher wants to enlist the provisions od IPC which defines extortion , its
punishment.

2. The researcher wants to show the number of cases of extortion is committed.

HYPOTHESIS
1. Delivery of property is done voluntarily in extortion.

2. The element of fear need not be there to constitute the offence of extortion.

RESEARCH METHODOLOGY
The researcher has relied upon doctrinal method of research to complete the project. In
which he will go through the primary as well as secondary sources .To satisfy the need of
project , researcher will go through section by section . The researcher will mainly focus on
doctrinal way of research which is from web journals, articles ,newspaper , websites and
books.

6 |Page
SOURCES OF DATA
The researcher has used both, primary as well as the secondary sources to complete the
project. The primary sources include ground work , judicial enactments and observations.
The secondary sources are books , web journals , magazines , articles and blogs.

LIMITATIONS OF STUDY
I am a student then can not collect more then from books.

1. Money is one of the limitations since researcher is a student.

2. Time period given for the submission of final draft is not enough.
3. Another limitation is that research area is limited for the researcher to the college
campus.

SCOPE OF THE STUDY

The research has a broad area of scope of extortion to the IPC. The researcher will bring
out the provisions in the law.

7 |Page
 2. QUANTUM OF EXTORTION UNDER IPC

Section-383 – Extortion

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"3.

Illustrations

(a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus
induces Z to give him money. A has committed extortion.

(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and
deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the
note. A has committed extortion.

(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B
bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to
sing and deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to
a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so
signed may be converted into a valuable security. A has committed extortion.

Section384 - 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 both4.

3
IPC,1860
4
IPC,1860

8 |Page
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 both5.

Section 386 - Extortion by putting a person in fear of death or

grievous hurt

Whoever commits extortion by putting any person in fear of death or of grievous hurt o that
person or to any other, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine6.

Section 387 - Putting person in fear of death or of grievous

hurt, in order to commit extortion fear of death or grievous
hurt

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear
of death or of grievous hurt to that person or to any other, shall be punished with

5
IPC,1860
6
IPC,1860

9 |Page
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine7.

Section 388 - Extortion by threat of accusation of an offence

punishable with death or imprisonment for life, etc.

Whoever commits extortion by putting any person in fear of an accusation against that
person or any other, of having committed or attempted to commit any offence punished with
death, or with *[imprisonment for life], or with imprisonment for a term which may extend
to ten years or of having attempted to induce any other person to commit such offence, shall
be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine; and, if the offence be one punished under section 377
of this Code, may be punished with *[imprisonment for life]8.

Section 389 - Putting person in fear of accusation of offence,

in order to commit extortion

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear
of an accusation, against that person or any other, of having committed, or attempted to
commit an offence punished with death or with *[imprisonment for life], or with
imprisonment for a term which may extend to ten years, shall be punished with
imprisonment of either description for term which may extend to ten years, and shall also be
liable to fine; and, if the offence be punished under section 377 of this Code, may be
punished with *[imprisonment for life]9.

Extortion (also called  shakedown, outwrestling, and exaction) is a criminal offense of

obtaining money, property, or services from a person, entity, individual or institution,
through coercion. It is sometimes euphemistically referred to as a "protection racket" since
the racketeers often phrase their demands as payment for "protection" from (real or
hypothetical) threats from unspecified other parties. Extortion is commonly practiced

7
IPC,1860
8
IPC,1860
9
IPC,1860

10 | P a g e
by organized crime groups. The actual obtainment of money or property is not required to
commit the offense. Making a threat of violence which refers to a requirement of a payment
of money or property to halt future violence is sufficient to commit the offense. 10 Exaction
refers not only to extortion or the demanding and obtaining of something through force, but
additionally, in its formal definition, means the infliction of something such as pain and
suffering or making somebody endure something unpleasant.

Extortion is distinguished from robbery. In robbery, whether armed or not, the offender

takes property from the victim by the immediate use of force or fear that force will be
immediately used (as in the classic line, "Your money or your life.") Extortion, which is not
limited to the taking of property, involves the verbal or written instillation of fear that
something will happen to the victim if they do not comply with the extortionist's will.
Another key distinction is that extortion always involves a verbal or written threat, whereas
robbery does not. In United States federal law, extortion can be committed with or without
the use of force and with or without the use of a weapon.

In blackmail, which always involves extortion, the extortionist threatens to reveal

information about a victim or their family members that is potentially embarrassing, socially
damaging, or incriminating unless a demand for money, property, or services is met.

The term extortion is often used metaphorically to refer to usury or to price-gouging, though

neither is legally considered extortion. It is also often used loosely to refer to everyday
situations where one person feels indebted against their will, to another, in order to receive
an essential service or avoid legal consequences.

Neither extortion nor blackmail requires a threat of a criminal act, such as violence, merely a
threat used to elicit actions, money, or property from the object of the extortion. Such threats
include the filing of reports (true or not) of criminal behavior to the police, revelation of
damaging facts.11 

Extortion is a crime in which one person forces another person to do something against his
will, generally to give up money or other property, by threat of violence, property damage,
damage to the person’s reputation, or extreme financial hardship. Extortion involves the
victim’s consent to the crime, but that consent is obtained illegally. 

10
https://blog.ipleaders.in/theft-extortion-indian-penal-code/ visted on 20/08/19 at 22:32
11
https://blog.ipleaders.in/theft-extortion-indian-penal-code/ Visited on 20/08/19 at
22:32

11 | P a g e
Examples of Extortion
A classic example of extortion is the “protection” scheme where figures with ties to
organized crime demand that shop owners pay for their protection to prevent something bad
(such as an assault on the shopkeeper or damage to his or her store or goods) from
happening.  Many states also consider blackmail, where a victim is forced to pay someone to
prevent them from releasing information that could damage their reputation or their
business, to be a form of extortion.
Typically, as in those examples, extortion involves threats of future violence or harm rather
than immediate violence or harm, but extortion can involve immediate violence.  For
example, it would still be extortion if the offenders in the above example assaulted the
shopkeeper to force him to pay them the required protection money instead of threatening to
do so in the future. In such cases, extortion becomes very similar to robbery. 

Differences Between Extortion and Robbery

One distinction between extortion and robbery is that extortion requires that the offender
make a verbal or written threat, while robbery does not.  Since extortion rarely involves
immediate harm, however, the crimes typically can be distinguished because a robber uses
immediate threats and force to steal the victim’s property, while in extortion, the victim
willingly hands over his money or personal property in order to avoid future damage
or violence.12

Understanding the Degrees of Extortion

All fifty states have varying laws regarding extortion, with most states classifying it as a
felony. Some states charge the crime as a theft offense, while others call it “attempted
extortion,” “extortion in the first degree,” or “extortion in the second degree.” In the few
states that split extortion into degrees, extortion in the first degree usually involves threats of
bodily harm or physical confinement, while extortion in the second degree applies to
threatening to accuse a person of a crime or to expose a secret.13 

12
https://www.enotes.com/homework-help/what-difference-between-robbery-extortion-
236799 visited on 20/08/19 at 22:35
13
https://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm vivited
on 20/08/19 at 22:37

12 | P a g e
Penalties for Extortion
Penalties for extortion vary widely in different states and depend on the severity of the
threats involved, but sentences generally range between 2 to 4 years. However, many states
allow for sentences of 5, 10, or even 20 years. If any instrument of interstate commerce
(such as the mail, a phone, or a computer) is used in commission of the crime, it also
becomes a federal crime with a fine or sentence of up to 20 years.14

Proving Extortion
The specific elements required to prove extortion differ between states, but the general
requirements are that the offender maliciously (not mistakenly) make a verbal, written or
printed threat with the intent to extort something from the victim or to compel the victim to
do something against his or her will. Generally, it is irrelevant whether or not the offender
actually succeeds in the attempted extortion. Once the threat is made, the offender has
committed extortion. In some jurisdictions, and under the federal extortion definition, the
victim does not even have to hear or receive the threat in order for the offender to be charged
with extortion.

Extortion does not usually require that the offender threaten to commit a criminal act as long
as the threat attempts to obtain money, property, or to force the victim to act against their
will. For example, a threat to bring criminal charges or file a police report unless money is
paid is still extortion, even though the offender may have every right to file a police report.
By coupling the legal act with the illegal act of demanding payment to not act, the offender
has committed extortion. Note, however, that a threat to file a civil lawsuit typically is not
considered extortion even if that lawsuit is frivolous. 

The threat also does not have to be directed at the victim. It is still extortion if the threat is
directed towards the victim’s family or if it threatens to release information about some third
party the victim seeks to protect.15

14
https://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm visited
on 20/08/19 at 22:37
15
https://www.writinglaw.com/extortion-383-389-chapter-xvii-of-ipc/ visited on 20/08/19
at 22:41

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 3. EXTORTION : A JUDICISL INTERPRETATION

Bhagat Ram vs State Of Rajasthan on 31 January, 1972

Bhagat Ram during the year 1962 was posted as circle inspector of police at Ganganagar.
Ancestral village of Bhagat Ram is Mehna in Tehsil Moga, District Ferozepur. Ram
Swaroop also belongs to that village. Both Bhagat Ram and Ram Swaroop were tried in the
court of special judge, Ganga- nagar for offenses under section 120B IPC for conspiring
to ,extort bribe of Rs. 2,000 from P W I Niranjan Dass of Moga. Charges were also framed
against Bhagat Ram for offenses under sections 161, 218, 347 and 389 Indian Penal Code as
also section 5 (1) (a) read with section 5 (2) of Prevention of Corruption Act. Additional
charge under section 165A Indian Penal Code was framed against Ram Swaroop. Both
Bhagat Ram and Ram Swaroop were acquitted by the special judge, Ganganagar in respect
of all the charges. The State of Rajasthan filed an appeal against the acquittal of the two
accused. The appeal was heard by a Division Bench consisting of Tyagi and Lodha, T.T.

 In view of the difference between the two judges regarding the acquittal of Bhagat Ram for
offences under Section 161, IPC and S. 5 (1) (a) of Prevention of Corruption Act, the case
was placed under Sec. 429 of the Code of Criminal Procedure before Jagat Narayan, J. came
to the conclusion that the material on record showed that Ram Swaroop and Bhagat Ram
had entered into an agreement to extort bribe from Niranjan Dass and, as such, were guilty
of an offence under section 120A punishable under section 120B of Indian Penal Code. The
learned judge, however, felt that in view of the decision of the Dicision Bench, he could not
set aside the acquittal of Ram Swaroop. As regards Bhagat Ram, the learned judge came to
the conclusion that he could set aside the acquittal of Bhagat Ram for offences under
sections 120B, 218 and 347 IPC. Bhagat Ram was found guilty by Jagat Narayan , J. of the
offences under sections 120B, 161, 218 and 347 IPC. For the offence under section 161 IPC,
Bhagat Ram was sentenced to undergo rigorous imprisonment for a period of one year and

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to pay a fine of Rs. 500 /- or in default to undergo rigorous imprisonment for a further period
of three months. For the offences under sections 218 and 347 IPC, Bhagat Ram was
sentenced to undergo rigorous imprisonment for a period of one year on each count. These
sentences were ordered to run concurrently with the sentence imposed under section 161
IPC. No sentence was awarded for the offence under section 120B IPC. Bhagat Ram has
filed criminal appeal No. 36 of 1969 against his conviction and sentence, while the State of
Rajasthan has filed appeal No. 202 of 1970 against the acquittal of Ram Swaroop.;16

Chelloor Mankkal Narayan ... vs State Of Travancore-Cochin on

10 November, 1952

JUDGMENT AIR 1953 SC 478 B.K. Mukherjea, J.

1. This appeal, which has come before us on special leave, is directed against a judgment of
the High Court of Travancore-Cochin dated July 16, 1951 passed in Criminal Appeal No.
194 of 1950, by which the learned Judges set aside an order of acquittal, made in favour of
the appellant by the Special Magistrate, Trichur, in C. C. No. 1 of 1125 M.E. and converting
it into one of conviction under Section 389, indian Penal Code (corresponding to Section
409, Indian Penal Code) sentenced him to undergo rigorous imprisonment for a period of
one year and pay a fine of Rs. 1,000; in default of payment of fine, he was to suffer rigorous
imprisonment for a further term of four months.

The charges were under the sections of the Cochin Penal Code relating to acceptance of
illegal gratification (Section 147 corresponding to Section 161, Indian Penal Code) and
criminal breach of trust (Section 389 corresponding to Section 409, Indian Penal Code) and
also for abetment of and entering into conspiracy for commission of these offences.

Pankaj Malhotra vs . State & Others. on 9 July, 2014

16
http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=002791170000 VISITED
ON 02/09/19 AT 21:09

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In the present criminal revision petition, the revisionist had taken the ground that the ld.
Trial Court failed to appreciate that the complaint of the revisionist herein specifically
disclosed the commission of all the aforesaid offences and out of which Section 389 IPC
was cognizable and in cases of such a nature, thorough investigation by the police is
required to find out the modus operandi of the offences committed by the accused persons. It
was also urged that once the complaint disclosed the commission of cognizable offences, the
police has no power to refuse the registration of FIR. It is also the case of the revisionist that
even if the said information did not furnish all the details, it was the duty of the police to
find out the same during investigation and to collect all necessary evidences. It was also
contended that the revisionist inter alia wanted the police to discover the previous and
subsequent conduct of the respondents no. 2 to 5 so as to procure evidence to prove their
common intention and conspiracy, as the revisionist himself may not be able to produce the
same before the Court. It was also stated that the police had filed the status report on the
basis of reply given by the respondents no. 2 to 5

DHANANJAY KUMAR SINGH VS, STATE OF BIHAR ( 2007

CrlJ 1460 SC)

S.B.Sinha,J. -(1.)Leave granted.

(2.) This appeal is directed against a judgment and order dated 18-4-2006 passed by the
High Court of Judicature at Patna in Criminal Miscellaneous No. 10432 of 2003, whereby
and whereunder a compromise between the parties was not accepted as the appellants were
said to be involved in commission of an offence under Section 384 of the Indian Penal Code,
1860.

(3.) The basic fact of the matter is not in dispute. A written report was lodged on 6-9-2000
by the 2nd respondent herein alleging that on 31-8-2000 at about 5.00 p.m. some unknown
persons had come to his room No. 207 at Jagat Trade Centre at Fraser Road, Patna and
informed him that as a sum of Rs. 1500/- was due to him, he should make the payment
thereof. Allegedly, on his reply that he would make the payment only of the amount due
from him as per settled accounts; abusive language was used and he was slapped by one

16 | P a g e
Gautam Dubey. A sum of Rs. 1580/- was said to have been taken away from his upper
pocket. A First Information Report was lodged on the basis of the said report after six days
from the alleged date of commission of the offence. The parties, however, arrived at an
amicable settlement of their dispute. A charge-sheet was filed on completion of investigation
on 2-2-2001 against the appellant herein purported to be for an offence under Sections 323,
384, 504 read with Section 34 of the Indian Penal Code. An application for discharge was
filed by the appellant under Section 239 of the Code of Criminal Procedure, 1973, inter alia,
on the premise that the disputes between the parties had been settled. The said application
was rejected by the learned Judicial Magistrate on the ground that Section 384 of the Indian
Penal Code being non-compoundable, the said application was not sustainable. An
application filed by the appellant before the High Court under Section 482 of the Code of
Criminal Procedure was dismissed by reason of the impugned judgment, relying on or on the
basis of a decision of this Court in Bankat and Anr. vs. State of Maharashtra, ((2005) 1 SCC
343) .;17

JADDUNANDAN SINGH AND OTHERS VS. EMPEROR (AIR 1951

PATNA 129)

Narain Dusadh and Sheonandan Singh were returning after inspection of the fields and
suddenly Jadunandan Singh, Alakh, Raghu Kahar, and Chander Singh came out of an ahar
and ravished both of them brutally with bhala and lathis.

After assaulting both of them Jadunandan took thumb impressions of Narain on one and
Sheonandan on three blank papers. Due to violation of their basic human rights Narain and
Sheonandan filed a suit against four of them in trial court in which all of them were
convicted.

It was held by the court that  for invoking the grounds of section 383 of Penal Code, 1860 it
must be proved by the victims that there was fear of injury or damage and due to which
he/she has unwillingly gave his/her thumb impressions on a  paper which can be converted
into valuable security. In this case the act of petitioners cannot amount to ‘extortion’ as the

17
http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=007002321000 VISITED
ON 02/09/19 AT 21:06

17 | P a g e
essential to invoke this ground is that person must be in a fear of injury and in the present
case neither Narain nor Sheonandan were in fear or threat of injury.

It is a case of physical assault and not of extortion and hence Jadunandan was sentenced
under Section 352 of Penal Code, 1860 to rigorous imprisonment of 3 months and a fine
with of Rs. 100 with two months rigorous imprisonment in case of default.18 

4. CONCLUSION

EXTORTION

Sec 383 defence extortion and section 384 provides punishment for extortion. The offence of
extortion consists in- intentionally putting a person in fear of injury to himself or another
dishonesty inducing the person, so put in fesr to deliver to any person , property or valuable
security.

Section 383 of the IPC – extortion

Whoever intentionally puts any person in any 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 commits “Extortion”.

Essentials of Extortion.

1. Intentionally putting a person in fear of injury.

2. Such injury may be for the person who is put under the fear or for any other persons
in which the former person has intrest.

3. Such force should be shown with a view to take a thing for property or valuable
security or sign or seal or a document.

4. There must be dishonest intention.

18
http://lawtimesjournal.in/jadunandan-singh-anr-vs-emperor/ VISITED ON 02/09/19 AT
21:13

18 | P a g e
Thus if above elements presented then it is an offence of extortion, dishonest intention is
also an essential element of extortion. Dishonest intention is measured from the
circumstances and facts of each case. Anything taken from a person at the point of the pistol
is an e.g. of extortion.

Section384 - 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.

Section 386 - Extortion by putting a person in fear of death or

grievous hurt

Whoever commits extortion by putting any person in fear of death or of grievous hurt o that
person or to any other, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

19 | P a g e
Section 387 - Putting person in fear of death or of grievous
hurt, in order to commit extortion fear of death or grievous
hurt

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear
of death or of grievous hurt to that person or to any other, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.

Section 388 - Extortion by threat of accusation of an offence

punishable with death or imprisonment for life, etc.

Whoever commits extortion by putting any person in fear of an accusation against that
person or any other, of having committed or attempted to commit any offence punished with
death, or with *[imprisonment for life], or with imprisonment for a term which may extend
to ten years or of having attempted to induce any other person to commit such offence, shall
be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine; and, if the offence be one punished under section 377
of this Code, may be punished with *[imprisonment for life].

Section 389 - Putting person in fear of accusation of offence,

in order to commit extortion

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear
of an accusation, against that person or any other, of having committed, or attempted to
commit an offence punished with death or with *[imprisonment for life], or with
imprisonment for a term which may extend to ten years, shall be punished with
imprisonment of either description for term which may extend to ten years, and shall also be
liable to fine; and, if the offence be punished under section 377 of this Code, may be
punished with *[imprisonment for life].

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From above discussion about extortion, researcher now come to prove or disprove his
hypothesis with proper reason.

HYPOTHESIS 1

Delivery of property is done voluntary in extortion.

The above hypothesis is disproved because the delivery is done in fear of injury of death or
grievous hurt to person himself or to another person.

HYPOTHESIS 2

The elements of fear need not be there to constitute the offence of extortion.

The second hypothesis is also disprove because basic element of extortion is fear.

Any property is delivered due to fear.

BIBLIOGRAPHY

BOOKS:-

 INDIAN PENAL CODE, 1860

 CLASS NOTES

WEB PAGES

 https://blog.ipleaders.in/theft-extortion-indian-penal-code/

 https://www.enotes.com/homework-help/what-difference-between-robbery-
extortion-236799

 https://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm

 https://www.writinglaw.com/extortion-383-389-chapter-xvii-of-ipc/

 http://www.the-laws.com/Encyclopedia/Browse/Case?
CaseId=002791170000

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 http://lawtimesjournal.in/jadunandan-singh-anr-vs-emperor/

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