This article is written by Ms. Hiya Lahiri, a 2nd year student of Adamas University.
Introduction
Threatening someone with danger or injury in order to get money or property is known as extortion and is a serious crime in India. The victims of this crime may suffer serious financial and emotional harm, and it impacts both people and corporations. A particularly terrible crime, extortion is a method of coercion that frequently involves violence or the fear of harm. The IPC’s legal definition of extortion, its numerous manifestations, and associated punishments will all be discussed in this article.
Definition and Concept
According to section 383 of the Indian Penal Code, 1860, “Whoever intentionally puts any person in fear of any injury to that person, or to any other person, and thereby dishonestly induces the person to 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.”
Extortion is defined in Section 383. Extortion is the deliberate infliction of fear of harm to oneself or another and the dishonest persuasion of that person to transfer property or valued security to any person. The threat of harm must be genuine in order to disturb the subject’s composure and prevent him from continuing the behavior voluntarily. It’s not always physical damage that causes someone to fear harm. An injury could also be to the character.
Everyone would be guilty of extortion in a situation where some people used force and others got the goods. Threats of criminal charges, whether they are true or not, may be considered extortion. The act of threatening to reveal a bishop’s illicit relationship with a lady was deemed to be extortion. However, the mere warning that a person may face divine wrath if a debt is not paid does not come under sections 383, 385, and 508 of the Indian Penal Code.
Threats to utilize the legal system for blackmailing are illegal, and extortion is committed when property or a document is taken by threats made with that intent. The primary offense under this provision involves the person being put in danger delivering property. In other words, there must be fear and the surrender of property for extortion to be considered a crime. Extortion does not consist of the simple forced taking of a thumb impression. Moveable and immoveable property are both considered to be property under this provision.
The following are the essential ingredients of extortion :
- An act that puts someone in immediate danger and causes harm.
- The act must be performed with intention and deceit.
- Such a person typically hurts someone in whom he has an interest.
- Any unjustifiable use of force to seize another person’s property, other valuables, or any document must be demonstrated.
- A crucial factor is intention. The seriousness of such dishonest intent in light of the facts and circumstances surrounding a case.
In the case of Romesh Chandra Arora v The State, the accused forced a boy and a female to remove their clothing. He took many photos of them while they were naked. Later, the accused used these pictures to demand payment from the victims. This behavior was regarded as an offense of extortion.
Section 384 of the Indian Penal Code, 1860, mentions the 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.”
Putting a person in fear of injury in order to commit extortion – According to Section 385 of the Indian Penal Code, extortion offenders who put another person in fear of harm while committing the crime are subject to a 2-year prison sentence, a fine, or both.
Extortion by putting a person in fear of death or grievous hurt – According to section 386 of the Indian Penal Code, anyone who commits an extortion offense while creating a sense of imminent danger to another person’s life that results in death or serious bodily harm is subject to a strict 10-year prison sentence or fine.
Putting someone at danger of death or serious injury in order to commit extortion – According to section 387 of the Indian Penal Code, anyone who, with the express intent of extorting money from another person, places or attempts to place that person in danger of death or serious bodily harm is punishable by up to seven years in prison and may also be fined.
When a person commits extortion by threat of accusation of an offense punishable with death or imprisonment of life, etc. – According to section 388, a person who engages in extortion by attempting to persuade another person to commit an act that is punishable by death, life in prison, or rigorous imprisonment that may last ten years, or by threatening to accuse another person of such an act, shall be punished by a term of imprisonment of ten years and shall also be subject to fine, and if the act is of such a nature that is punishable under section 377 of Indian penal code may be punished with life imprisonment.
Putting a person in fear or accusation of offense, in order to commit extortion – Anyone who, in order to commit extortion, puts or attempts to put anyone in fear of being accused of committing, or attempting to commit, an offense punishable by death, life in prison, or a term of imprisonment that may last up to ten years, shall be punished by imprisonment of either description for a term that may last up to ten years, as well as being liable to fine; and, if the offense is a felony, additional penalties may be added, and, if the offense be punishable under section 377 of this Code, may be punished with imprisonment for life.
In the case of Shatrughan Singh Sahu v. State of Chhattisgarh & Ors., (2021), in order to prove an act of “extortion,” the Chhattisgarh high court stated that the prosecution must demonstrate that the victim voluntarily gave up any particular property to the person who had put him in dread of harm. If no property was transferred, the essential component needed to commit the crime of “extortion” would not exist. A “extortion” crime cannot be said to have been committed if someone gives something voluntarily and without fear of being harmed. Given that the accused did not turn up any priceless assets in return for money or other benefits, it is obvious that the claimed breach of Section 384 of the IPC has been overturned.
Conclusion
In conclusion, the Indian Penal Code (IPC) has strict penalties for the heinous crime of extortion. It is characterized as the deliberate act of endangering another person in order to get something of value from them. Individuals, organized crime rings, and even dishonest government officials are all capable of committing this crime. Extortion is a non-bailable offense under the IPC that carries a maximum seven-year sentence in jail. In addition, the criminal may receive a life sentence if the offense involved the use of a firearm. In order to prevent and report any extortion events, it is crucial that individuals, businesses, and society as a whole be aware and take the required precautions. In conclusion, extortion is a serious crime with dire repercussions. All citizens must cooperate in order to stop this crime from happening, fight it, and make sure that extortion victims receive justice.
Reference
- https://blog.ipleaders.in/difference-between-theft-and-extortion/#:~:text=Extortion%20is%20the%20technique%20of,stolen%20without%20that%20person’s%20consent.
- https://timesofindia.indiatimes.com/readersblog/lawpedia/extortion-35324/
- https://indiankanoon.org/doc/1710404/
- https://blog.ipleaders.in/theft-extortion-indian-penal-code/
- https://indiankanoon.org/docfragment/187885761/?formInput=section%20384%20indian%20penal%20code