An Analysis on Offences of Extortion

Abstract: The term Extortion is defined under chapter seventeen of Indian Penal Code with
speaks about offences against property and offences of extortion is discussed from section
383 to section 389 with an explanation as who so ever with an intention puts any person in
fear of any injury to that person, or to any other, and by which dishonestly bring about a
fear in person to deliver any property or anything which is signed or sealed documents or
bonds which can be converted into valuable security. In general meaning extortion is the
practice of obtaining something, especially money through force or threats can either be in
the form of blackmail or injury to individual.
This research paper deals with the analysis of offences relating to extortion with the
necessary illustrations and case laws pertaining to extortion. It also discusses about the
difference between extortion with theft and robbery.

Content:
Introduction
Section 383 – section 389 with Illustrations
Punishment for Extortion
Case Laws
Conclusion

Introduction:
Chapter seventeen of Indian Penal Code deals with the offences against the property.
Chapter seventeen speaks about various offences which are against the property either in
the form of theft or robbery and dacoity or misappropriation of property and even also
criminal breach of trust and cheating. the same chapter also deals with offence of extortion
from section 383 to 389. Extortion in normal sense means an offence of obtaining
something illegally, especially money or property through force or threat either by
blackmailing or injury to another person. In English Law extortion is defined as blackmail
whereas in Indian Penal Code this offence has a proper explanation under offences of
extortion. Extortion is a practice of obtaining something through coercion and addition to it,
it is also a process of administrating something which is equal to pain and suffering or to
make a person to go through something unpleasant.
Extortion is a process where one person is threatened and is put under fear in order to
obtain the money or property or signed and sealed documents which can in future be
converted into valuable security.
Offences relating to Extortion as per Indian Penal Code:
Section 383: This section speaks about the meaning of extortion where anyone with an
intention threatens and causes any person to have the fear of injury and in that order
dishonestly convincing that person to work illegally and deliver any other person or property
or any sealed and signed documents which in future can be converted into valuable security
or documents. Extortion can be done where one person is tortured and a fear is induced in
him by another person just for the purpose of getting a work done which can be illegal in
nature and on the face of it is said to be grievous in the eyes of law.

Illustrations for Section 383 as in Indian Penal Code is as follows:

1. A threatens to B that he will publish a defamatory statement against B and he will
not do it only if B gives him money, the fear of getting defamed B agrees to give A
money. This convincing for something with prompting fear is considered as
Extortion. And also publishing of defamatory statement is also a crime under section
499 of Indian Penal Code.

2. A police officer threatens to B who is in prison of the station of that police officer
that he will not accept the bail of that accused unless the B pay’s INR = 5000/- to the
police officer.

3. A threatens B that he will kidnap child of B and keep him in confinement unless B
signs a blank paper and hand it over to A. This put B in fear so he accepts and signs
the blank paper and hand it over to A. This singed blank document by B can be
converted into a valuable document or security. This inducing of fear is considered to
be offence of Extortion done by A against B.

Ingredients:
1. Deliberately putting any person in fear of causing injury to that person or any other
person
2. With no honesty convincing a person to deliver any valuable property (Either
movable or Immovable), signed or sealed document of valuable security.

Valuable security is defined under Section 30 of Indian Penal Code where it means
any signed, sealed or any valuable document which is movable in nature and injury is
defined under Section 44 of Indian Penal Code which means both or either mental
injury or physical injury.
In A. R. Antulay Vs. R. S. Nayak (1986) the court in this case held that injury can either
direct or indirect and in case relating to extortion it must be before the delivery of property
or any valuable security. Injury in the form of fear can be considered as threatening to
torture, threatening to hurt, threatening to publish defamatory statement against one,
threatening to prosecute for something which is framed. etc.

In Shankar Bhagvat Case (1866) the court held that it isn’t necessary that one person is
threating and causing fear must only the receive the property from extortion. There can be
a agreement between many person’s where one person induces the threats and fear and
another person collects and receive the property, in such scenario all are punished under
section 383 of extortion.

Section 384: This section deals with the punishment for extortion under Indian Penal
Code. It mentions that any person who has committed the offence of extortion is to
punished with imprisonment of term extending for 3 years or fine or in some cases both.

Section 385: Putting person in fear of injury to commit extortion

In this section the person attempting put any other person in fear of injury is penalised if
done intentionally to commit extortion. Under this section the offence is cognizable, bailable
and non-compoundable which is triable by magistrate, FIR under section 156(3) or any
private complaint under section 200 is preferred.

Punishment for offence under section 385 is either simple or rigorous imprisonment for a
term extending up to two years with fine or both.

Case Laws for section 385:

Rajesh Yadav Vs. State of Jharkhand

In this case the petitioner himself was made accused for the offence under section 385 of
Indian Penal Code. The trial court informed that the petitioner has to be present in the court
whenever directed till the conclusion of the trial, if he fails to be present then in such
scenario the court is at liberty to pass the order to secure the presence of the petitioner.

Dr. Rakhi Meena & Ors Vs. Usman & Ors

In this case the court considered points and allowed the petition. The court held that the
ingredients of extortion are not communicated in the allegations or complaints or is not
even mentioned in the statements made under CRPC 200 and 202. The only and highest
complaint recorded is that the petitioners have threatened to complainant to pay INR
1000/- for the purpose of delivery of their daughter in law.
Section 386: Extortion by putting a person in fear of death or grievous hurt.
In this section the person who perform an offence of extortion either by putting a person in
fear of death or grievous hurt is punished. To induce punishment the offence needs to be
committed which is very necessary as this section speaks about commitment where as other
above-mentioned section does not speak about commission of offence being necessary. This
is the reason that quantum of punishment for offence under this section is more than that
of above section. The classification of this offence is cognizable, non-bailable, non-
compoundable and is triable by magistrate of first class.

Punishment for offence under section 386 is imprisonment for term extending up to 10
years and is also liable for fine. Imprisonment is either simple or rigorous.

Radha Ballabh & Ors. Vs. The State of Uttar Pradesh

The prime accused was convicted under section 386 of Indian Penal Code. Facts of the case
was that the witnesses established that a boy named Lalit was kidnapped from his house by
Srimati Basanti and Radha Ballabh who further handed over the boy to main accused Lalit
Prasad, Raghubir and Bissu who kept the boy in two different villages for a time period of
nearly 20 to 25 days in the house of another accused Devi Ram and Har Charan. Based on
the facts the court dismissed the appeal for quashing of convictions and sentences which
were awarded to all the appellants.

Section 387: Putting person in fear of death or grievous hurt, to commit extortion:
This section is similar to that of section 386, but in section 386 the commission of offence in
necessary whereas in section 387 the commission of offence in not necessary and only
threatening or putting a person under fear of death or grievous hurt is enough to punish the
person under this section. The classification of offence under this section is Cognizable, non-
bailable and non-compoundable which is triable by magistrate of first class.

Punishment for offence under this section is either simple or rigorous imprisonment of term
extending up to seven years and is also liable for fine.

Gurusharan Singh Vs State of Punjab (1996)

In this case the accused threatened a person to death or grievous hurt and demanded
money for the purpose of purchasing weapons which were used for terrorism. The court in
this case held the accused liable under section 387 and punished.

Section 388: Extortion by threat of accusation of an offence punishable with death

sentence or life imprisonment.
This section from its heading only clearly explains that any offence committed by any person
against another person by putting him in fear with an accusation stating that the person has
either committed or attempted to commit an offence which amounts to death sentence or
life imprisonment. With such accusations the person can induce fear in another person and
commit offence of extortion. The classification of the offence under this section is
cognizable, bailable and non-compoundable. It is triable by magistrate of first class.

Punishment for offence under this section is simple or rigorous imprisonment for a term
extending up to 10 years and is also liable for fine. If extortion done with the accusation of
an offence committed which comes under section 377 of (Unnatural Sex) then will be
punishable with the term of life imprisonment.

Illustration:
1. A with an intention induces fear in B stating that he will raise a false complaint on B
by mentioning that B has murdered someone and A being the prime witness for the
crime. A asks B to pay him extortion of INR 500000/- if B does not want A to raise a
complaint.

2. X threatens Y with false accusation that he has seen Y having unnatural sex, in return
asks Y to pay INR 100000/- if he does not want X to register a complaint. Y with fear
pay X the money demanded. This is punishable with the offence of 377 for which the
punishment is life imprisonment.

Section 389: Putting Person in fear of accusation offence, in order to commit extortion:
This section is similar to that of section 388 as explained above. The only difference in both
the section is that 388 speaks about extortion through accusations which are with offence of
death sentence or life imprisonment, where as in section 389 it only speaks about the
intention of extortion through accusation of offence. If any person intentionally induces a
fear in another person with the accusation of any offence will be punished under this
section.

Explanation 1: Extortion may not be committed but only an intention with an attempt to
commit an extortion is enough when it is done with fear inducing in any person only with
the accusation of offence of either death sentence, life imprisonment or term extending up
to ten years.

Explanation 2: if any person accuses another person of offence that he has committed
unnatural offence under section 377. The punishment is severe for such an offence.

The classification of offence under section 389 is

For explanation 1 is non-bailable, cognizable and non-compoundable
For explanation 2 is bailable, cognizable and non-compoundable

Punishment for offence under section 389 is

For Explanation 1 the punishment is simple or rigorous imprisonment for term extending up
to 10 years and also liable for fine
For Explanation 2 the punishment in simple words is imprisonment for life.

Conclusion:
Extortion as discussed with the sections 383 to section 389 as mentioned in Indian Penal
Code is a threat or injunction of fear of injury which is either in the form of injury, false
accusations, death or grievously hurt and with such fear one person takes advantage of
another person in form of collecting money or delivery of movable or immovable properties,
signed or sealed documents which can be used as valuable security in future. The offence of
extortion is punishable under Indian Penal Code. To convict a person for extortion the
ingredients must be satisfied such as fear of threat or injury.
The courts now have taken a different approach rather then hypo-technical approach in
order to convict an accused for the offence of extortion, all the ingredients need not be
satisfied and only the basic foundation of the offence is enough to prove that the accused
has committed the crime of extortion.