ARMY INSTITUTE OF LAW, MOHALI

“Extortion explained with cases”

Project Submission in the Partial Fulfillment of BA LLB.

Submission To: Submitted By:

Dr. Bajirao Rajwade Deepanshu

Asst. Professor Roll No: 1739

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 ACKNOWLEDGEMENT

I would like to express my gratitude towards Dr. Bajirao Rajwade, Asst. Professor, as well as
our principal Dr. Tejinder Kaur who gave me the golden opportunity to do this wonderful
project on the topic “Extortion explained with cases”, which also helped me in doing of
research and I came to know about many new things. I am really thankful to them.

I would also like to thank my parents and friends who helped me in completing this project
within the limited time frame.

Thanking you

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INTRODUCTION

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 other 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.

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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 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.”

SEC 385: PUTTING PERSON IN FEAR OF INJURY IN ORDER TO COMMIT

EXTORTION1

Putting or attempting to put a person in fear of injury in order to commit extortion has been
penalised under this section. Putting in fear and attempting to put in fear of any injury both
have been treated at par, and it is not necessary that extortion must take place because the
language used is ‘in order to the committing of extortion’.

1
Pinki Sarkar, Section 388 of Indian Penal Code, 1860 – Explained!,
http://www.shareyouressays.com/knowledge/section-388-of-indian-penal-code-1860-explained/118682

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FACTS TO BE PROVED 2

1. The Person accused, by his conduct, had threatened the victim, by putting him in fear that,

2. If the victim failed to deliver –

 a property, or

 a valuable security, or

 a instrument signed or sealed, which is in the nature of a valuable security,

3. To a Person,

4. The said victim, or any other Person, would be subjected to harm to reputation, or harm to
property, or bodily harm, or a mental alarm had caused to the said victim by such
inducement.

Instances under sec 385:

Where in a criminal case a mukhtyar, with the intention of extorting money, threatened to put
scandalous, indecent and irrelevant questions intended to annoy and insult the prosecution
witnesses, he was held guilty under this section. Where a police officer was charged with
having abetted the accused to extort money from the complainant, it could not be held that he
had done the same in his official capacity, and, therefore, necessary sanction under section
197, Code of Criminal Procedure, 1973 for his prosecution was not needed.

Classification of offence:

The offence under section 385 is cognizable, bailable and non-compoundable, and is triable
by any magistrate therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may
be preferred.

2
The Practice of Law, http://thepracticeoflawjalan.blogspot.com/

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Punishment:

The section states that whoever either puts or attempt to put any person in fear of injury in
order to the committing of extortion, shall be punished with simple or rigorous imprisonment
for a term extending up to two years, or with fine, or with both.

Cases:

Bani Singh & Ors v. State Of U.P 3

In this case, it was considered that the High Court erred in dismissing the appeal for non-
prosecution simplicitor without examining the merits. It, therefore, set aside the impugned
order and remit the appeal to the High Court for disposal on merits in the light of this
judgment. Thus, the appeal was stand allowed accordingly.

Rajesh Yadav v. State of Jharkhand 4

The petitioner has been made an accused for the offence registered under Section 385 of the
IPC. Further, it is made clear that the petitioner shall remain present before the trial court, as
and when directed by the trial court, till conclusion of the trial, failing which, the trial court is
at liberty to pass appropriate order for securing the presence of the petitioner.

Rakhi Meena (Dr.) Another v. Usman Another 5

The following points were considered in this case:

 The essential ingredients of extortion as defined in Section 383 are not disclosed
from the admitted allegations levelled in the complaint and the statements recorded
under Sections 200 and 202 Cr.P.C.

 The highest allegation of the complainant is that the petitioners threatened the
complainant with dire consequences if the amount of 1000/- was not paid to them
for conducting the delivery of his daughter-in-law.

 The miscellaneous petition was hereby allowed.

3
1996 SCC (4) 720
4
Jharkhand High Court (19 Oct, 2016)
5
Rajasthan High Court (14 Nov, 2013)

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SEC 386: EXTORTION BY PUTTING A PERSON IN FEAR OF DEATH OR
GRIEVOUS HURT:

This section punishes committing extortion by putting a person in fear of death or grievous
hurt. Commission of extortion is necessary under this section because the word used is
‘commits’, unlike the preceding section where the words used are ‘in order to the committing
of. Kidnapping and abduction, for ransom, have been held to be punishable under this section
where the ransom money is paid under threat of death or grievous hurt of the person
kidnapped or abducted. It is a serious offence as is shown by the quantum of punishment
prescribed6.

Facts to be proved:

1. The Person accused, by his conduct, had threatened the victim, by putting him in fear that,

2. If the victim failed to deliver –

 a property, or

 a valuable security,or

 an instrument signed or sealed, which is in the nature of a valuable security,

3. To a Person,

4. The said victim, or any other Person, would face death or would face grievous hurt.

Classification of offence:

The offence under this section is cognizable, non-bailable and non-compoundable, and is
triable by magistrate of the first class.

6
Ratanlal and Dhirajlal, Indian Penal Code, Thirty-Fifth Edition

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Punishment 7

Whoever commits extortion by putting any person in fear of either death or of grievous hurt
either to that person or to any other person, shall be punished with simple or rigorous
imprisonment for a term extending up to ten years, and shall also be liable to fine.

Cases:

State Of U.P vs. Abhai Raj Singh & anr 8

It was held that the mandate of law contained in Sections 385 and 386 of the Code cannot be
complied with and directed that the appellants were not to be arrested in pursuance of the
judgment and order, and were not required to surrender also and the bail bonds were to be
cancelled. Section 386 empowers the appellate court to order that the case be committed for
trial and this power is not circumscribed to cases exclusively triable by the Court of Session.

Radha Ballabh & Ors. vs. The State of Up 9

The evidence of these witnesses amply establishes that Lalit was kidnapped from his house
by Smt Basanti and Radha Ballabh and they handed over the boy to accused Lalta Prasad,
Raghubir and Bissu and they in turn kept the boy in those two villages and for longer time i.e
nearly 20 to 25 days in the house of accused Devi Ram and Har Charan.

In the result, subject to the above minor modification of the conviction of accused Bissu from
under Section 386 IPC to Section 387 IPC, all the other convictions and sentences awarded to
all the appellants are confirmed and all the appeals are dismissed

SEC 387: PUTTING PERSON IN FEAR OF DEATH OR OF GRIEVOUS HURT, IN

ORDER TO COMMIT EXTORTION:

Putting or attempting to put any person in fear of death or of grievous hurt in order to commit
extortion has been punished under this section.

7
Writing Law, Extortion (383-389) of IPC, https://www.writinglaw.com/extortion-383-389-chapter-xvii-of-ipc/
8
Supreme Court of India
9
1996 (2) BLJR 800

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Thus, the use of the words ‘in order to the committing of extortion’ show that commission of
extortion is not necessary. The offender must put or attempt to put any person in fear of death
or of grievous hurt to that person or to any other person. This offence is different from the
offence of attempted robbery under section 393. Under section 387 the fear is of death or of
grievous hurt while in section 393 the fear is of instant death or instant hurt or instant
wrongful restraint under which the thing extorted must be delivered then and there. 10

Facts to be proved:

1. The Person accused, by his conduct, had threatened the victim, by putting him in fear that,

2. If the victim failed to deliver –

 a property, or

 a valuable security, or

 a instrument signed or sealed, which is in the nature of a valuable security,

3. To a Person,

4. The said victim, or any other Person, would face death or would face grievous hurt.

Instances under sec 387:

Thus where the accused wrote a threatening letter to the complainant that to save his own life
and the life of his child he must pay a ransom money amounting to sixteen thousand rupees, it
was held that the accused had committed an offence under section 387. In another instance, it
was ruled that feigning of an attempt to commit suicide in order to extort money would be an
offence under this section.

Classification of offence:

The offence under section 387 is cognizable, non-bailable and non-compoundable, and is
triable by magistrate of the first class.

10
Aarti Dhillon, EXTORTION, https://itsmehappening.wordpress.com/2017/06/28/extortion/

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Punishment:

The section states that whoever either puts or attempts to put any person in fear of either
death or of grievous hurt to that person or to any other person, in order to the committing of
extortion, shall be punished with simple or rigorous imprisonment for a term extending up to
seven years, and shall also be liable to fine.

Cases:

Henry Wertmuller Roberts, etc. vs. State of Assam & ors. Etc 11

The result in this case was that the High Court found Henry guilty under Sections 302, 364,
201 and 387 IPC and not guilty under Section 120-B IPC and maintained the sentence
awarded to Henry by the Sessions Court except in regard to the offence under Section 120-B
IPC and acquitted the other three accused persons in full.

Thakur Ram v. The State of Bihar 12

It is not alleged in the petition nor in the police report that the petitioners attack people at
random, extort different amounts of money from them or do any criminal act or mischief The
allegations make out a case that the petitioners had rightly or wrongly a grievance against
some individuals of the Marwari community and they have been extorting money from them.
Thus, the application is allowed and that proceeding is dropped.

SEC 388: EXTORTION BY THREAT OF ACCUSATION OF AN OFFENCE

PUNISHABLE WITH DEATH OR IMPRISONMENT FOR LIFE, ETC

Committing extortion by threat of accusation of an offence punishable with death or

imprisonment for life has been made punishable under this section. It is an aggravated form
of extortion.

According to this extortion must have been, committed by the offender after putting the
person extorted or any other person of an accusation that he had committed, or had made an
attempt to commit, any offence punishable with death, imprisonment for life or imprisonment

11
1985 AIR 823
12
1966 AIR 911

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for a term up to ten years, or he had made an attempt to induce any other person to commit
such offence. The punishment may be imprisonment for life where extortion is committed by
putting any person in fear of an accusation that he had committed an unnatural offence.

Classification of offence:

The offence under this section is cognizable, bailable and non-compoundable, and is triable
by magistrate of the first class.

Punishment 13:

The section states that whoever commits extortion by putting any person in fear of an
accusation against either that person or any other, that he had committed or attempted to
commit any offence punishable with death, or with imprisonment for life, or with
imprisonment for a term extending up to ten years, or that he had attempted to induce any
other person to commit such offence, shall be punished with simple or rigorous imprisonment
for a term extending up to ten years, and shall also be liable to fine; and if the offence was
one punishable under section 377, may be punished with imprisonment for life.

It is read along with section 377 of the Indian Penal Code according to which Unnatural
offences.—Whoever voluntarily has carnal intercourse against the order of nature with any
man, woman or animal, shall be punished with imprisonment for life, or with imprisonment
of either description for a term which may extend to ten years, and shall also be liable to fine.

Cases:

Shakti Vahini vs. Govt. of Nct of Delhi

The order of the High Court has not been violated in any manner and it seems that the trial
court has formed this impression only on account of the fact that the report has been signed
by the ACP and as the guard file was not produced before the trial court.

13
Dhillon,supra note 10

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Gurpreet Singh v. State of Punjab 14

The following points were considered in this case:

 Learned State counsel submitted that the petitioner has attempted to extort money
from the complainant and he does not deserve to be granted regular bail.

 The petitioner has been in custody for more than five months and the trial is not
likely to be concluded at an early date no useful purpose would be served by
keeping him in custody indefinitely.

SEC 389: PUTTING PERSON IN FEAR OF ACCUSATION OF OFFENCE, IN

ORDER TO COMMIT EXTORTION

This section punishes putting a person in fear of accusation of an offence in order to commit
extortion. It states that whoever, in order to the committing of extortion either puts or
attempts to put any person in fear of an accusation, whether against that person or any other
person, that he had either committed, or attempted to commit an offence.

Explanation 1;

The use of the words ‘in order to the committing of extortion’ shows that extortion may not
be committed. But in order to it’s committing the offender puts or attempts to put any person
in fear of an accusation whether against that person or any person. The accusation must be
that he had committed or attempted to commit any such offence as is punishable with death,
or imprisonment for life, or imprisonment up to ten years.

Explanation 2:

If the accusation is that he had committed an unnatural offence the punishment will be
severer and may extend to imprisonment for life.

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Punjab and Haryana High Court (April 3, 2018)

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Classification of Offences:

 According to Explanation 1 – This section is Non-bailable, Cognizable and Non-

compoundable.

 According to Explanation 2 – This section is Bailable, Cognizable and Non-

compoundable.

 Triable By: Magistrate of the first class.

Punishment:

 According to Explanation 1 – Imprisonment for 10 years and fine.

 According to Explanation 2 – Imprisonment for life or in simple words, if the

offence is punishable under section 377, it may be punished with imprisonment for
life.

Case:

Shyam Sunder Matya v. State of Haryana 15

Without expressing any opinion on the merits of the case, the interim bail granted by the
Court vide order dated 21.07.2015, is made absolute, subject to furnishing bail bonds/surety
bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, concerned.
Further, the voice samples obtained by the authority and matched by the CFSL shall be
analyzed by the trial court. The petition stands allowed.

CONCLUSION

Maintenance of peace and order is essential in any society for humans to live peacefully and
without fear of injury to lives, limbs and property. The chief concern of law is to protect and
preserve certain fundamental social values and institutions, and for this, it prescribes a set of
norms of human behaviour and forbids certain conducts; and prescribes punishments for the
disregards of such norms and conducts

15
K.D. Gaur, Textbook on Indian Penal Code, Sixth Edition 2015

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Normally, a crime is committed by joining of hands by several persons; and ordinarily, two
or more than two persons are always involved in any commission of crime. In many of such
cases, there could be such persons who act behind the curtains, i.e. although they do not
positively participate in the commission of the crime / offence, but they actively participates
in the occurrence of the offence, by sharing the “common intention” as suggested and defined
under section 34 of IPC; or by way of “abetment” as suggested and defined under section 107
to 116 of IPC; or by way of “criminal conspiracy” as suggested and defined u/s 120A of IPC,
1860.

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