This article has been written by Ms, Riddhi khanna , a 1st year BA LLB student from new law college ,Bhartiye Vidya Peeth  New Law College, Pune.

 

• Introduction 

Chapter XVII of the Indian Penal Code, 1860, talks about the offences against property which runs from section 378 to 462. The offence of Extortion is specified under section 383. 

Extortion is a terrifying and all-too-common reality in today’s world. It’s a crime that can happen to anyone, from business owners to ordinary citizens, and the impact can be devastating. Extortionists use fear, intimidation, and threats to extort money, property, or other valuables from their victims, leaving them feeling violated, helpless, and vulnerable. Whether it’s a local gang demanding protection money, a disgruntled employee threatening to reveal confidential information, or an online scammer holding sensitive data for ransom, the effects of extortion can be far-reaching and long-lasting.

 In this article, we will delve into the real-life experiences of victims of extortion, explore the tactics and methods used by extortionists, and provide practical advice on how to protect yourself.

Extortion is a serious crime that should never be taken lightly, and it is crucial that we educate ourselves and take action to prevent it from happening to us or those around us.

 

• Definition and meaning

 

Section 383 defines extortion , as the act of intentionally putting someone in fear of injury or wrongful restraint in order to dishonestly induce that person to deliver property or valuable security. 

 

As per the Indian Penal Code (IPC), 

extortion refers to the act of intentionally and unlawfully compelling a person to deliver any property or valuable security by using threats, force or coercion. The offense of extortion involves putting someone in fear of injury or wrongful restraint in order to dishonestly induce that person to deliver property or valuable security.

 

• Illustration 

Suppose a person goes to a shop and threatens the shopkeeper with physical harm if they do not pay him a certain amount of money every week. The person may use forceful language, gestures or even display a weapon to intimidate the shopkeeper. This person is committing the offense of extortion as he is intentionally and unlawfully compelling the shopkeeper to deliver money by using threats or force.

 

• Essential ingredients

 

The two essential ingredients of the offense of extortion under the IPC are:

 

1) The use of coercion or illegal means to obtain property or valuable security from the victim.

 

• State of Maharashtra v. Natwarlal Damodardas Soni (1980).

 

In this case, the accused Natwarlal Damodardas Soni was convicted under Section 384 of the Indian Penal Code for extortion. He had coerced the victim to sell his property at a lower price than the market value by threatening him with legal action and by creating a false impression of his political influence and connections.

 

The court held that the accused had used coercion and illegal means to obtain the property from the victim, and hence, he was guilty of the offense of extortion under Section 384 of the IPC. The court also observed that the offense of extortion involves both a mental element, i.e., the intention to cause wrongful gain to oneself or wrongful loss to another, and a physical element, i.e., the use of force or threat to obtain property or valuable security.

 

2) The intention to cause wrongful loss to the victim or wrongful gain to oneself or a third party.

 

Mohd. Yousuf v. afaq jahan ( 2015) 

 

In this case, the accused Afaq Jahan had demanded a sum of money from the victim Mohd. Yousuf, failing which he threatened to file a false case of rape against him. The victim had reported the matter to the police, and the accused was subsequently arrested and charged under Section 384 of the Indian Penal Code for extortion.

 

The court held that the accused had the intention to cause wrongful loss to the victim by threatening to file a false case of rape against him, and to gain a sum of money from him through illegal means. The court also observed that the offense of extortion involves a serious breach of the victim’s fundamental right to property, and hence, it should be dealt with sternly.

 

In simpler terms, for an act to be classified as extortion, the accused must use force, threats or other illegal means to obtain property or valuable security from the victim. The accused must also have the intention to cause harm to the victim or to gain something wrongfully for themselves or someone else.

Both of these ingredients must be present for the offense of extortion to be established under the IPC.

 

• Different forms and punishment of extortion 

 

• The following are some of the forms of extortion and their corresponding sections under the IPC:

 

1) Extortion by putting a person in fear of injury: Section 383 of the IPC defines this offense., is punishable with imprisonment for a term of up to three years or with a fine or with both.

 

2) Extortion by putting a person in fear of accusation of an offense: Section 384 of the IPC defines this offense, is punishable with imprisonment for a term of up to three years or with a fine or with both.

 

3) Extortion by putting a person in fear of death or grievous hurt: Section 385 of the IPC defines this offense, is punishable with imprisonment for a term of up to ten years, and in severe cases, with life imprisonment.

 

4) Extortion by threat of injury to reputation or property: Section 386 of the IPC defines this offense.

The punishment for the offense of extortion can range from imprisonment for a term of up to three years, along with a fine, to life imprisonment, in severe cases where the offense is committed with the threat of death or grievous hurt.

 

5) Punishment for extortion: Section 387 of the IPC prescribes the punishment for the offense of extortion.

 

6)Section 388 of the IPC deals with the offense of extortion by putting a person in fear of accusation of an offense that is punishable with death or imprisonment for life. The punishment for this offense is imprisonment for a term that may extend up to ten years, or with a fine, or both.

 

7) Exercising unauthorized influence over the public servant: Section 389 of the IPC defines this offense.

 

• Conclusion

 

This article has focused on the section of the Indian Penal Code, 1860, that deals with extortion. As per the IPC, the crime of extortion is defined under Section 383. This section outlines the elements that constitute the offense of extortion, including the use of force or threat to compel a person to deliver property or valuable security.

The punishment for extortion is prescribed under a separate section of the IPC, which varies based on the severity of the offense. The penalties may include imprisonment, fines, or both, depending on the gravity of the crime.

 

Extortion is a prevalent crime that occurs frequently, with individuals or groups using force or intimidation tactics to extort money or property from others. This crime has become a significant concern in recent times, as it disrupts the peace and harmony of society, and violates the fundamental right of individuals to live free from fear or threat.

The occurrence of extortion can lead to severe consequences, including financial loss, emotional distress, and physical harm to the victims. It undermines the stability and growth of society, making it challenging to build a wealthy and healthy community where individuals can thrive.