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What is IPC extortion? IPC 383-389 Top 11 Points 2020

IPC 383-389: Extortion 


1. Sections 383-389 of the Indian Penal Code defines various laws related to extortion. Section 383 of the IPC defines extortion. Section 384 of IPC specifies the penalty for extortion, while Section 385 specifies the punishment for an attempt to extortion. Section 386 to 389 contains much harsher punishments for aggravated forms of extortion. 

What is IPC extortion?

IPC 383-389: Extortion



2. Section 383 of the Indian Penal Code defines extortion as an intentional act to put another person in fear of injury or any other harm to get his property or other valuable items. For example, A threatens B to kill his daughter if B does not pay 10 million rupees to A, this will be considered a case of extortion. 

3. The main motive of committing extortion is getting the property or any other valuable item by causing a wrongful loss to one person and wrongful gain to another person. 

4.   Essential elements for extortion; 

1.  To deliver property or other valuable items: the real transfer of property or any other valuable security must have taken place for this section to apply. 

2.  Intentionally putting a person in fear: a person committing the crime must have the intention to cause wrongful loss of another person by threatening him. 

3.  The motive of the offense should be towards the advancement of the crime of extortion. 

5. Section 384 contains punishment for extortion and specifies that anyone who commits extortion shall be punished with imprisonment which may extend to 3 years, or with a fine, or with both. Section 384 is a cognizable and non-bailable offense. 

6. Section 385 of the Indian Penal Code deals with the punishment for an attempt of extortion. Putting a person under the fear of injury or death or any kind of other threat is inhumane and is punishable under this section. Section 385 specifies that anyone, to commit extortion, puts another person in fear, or attempts to put any person in fear of injury or death shall be punished with imprisonment extending to two years, or with fine or with both. Section 385 is a cognizable and bailable offense. 

7. Section 386 of the Indian Penal Code defines a more aggravated form of extortion where the victim is intentionally put under the threat of death or serious injury while committing extortion. It states that anyone who commits extortion by putting any person in fear of death or grievous hurt shall be punished with imprisonment extending to ten years and shall also be liable to fine. Section 386 is cognizable and non-bailable offense. 

8. Section 387 of the Indian Penal Code defines the punishment for an attempt to extortion by putting a person in fear of death or of grievous hurt; Here the actual completion of extortion is not necessary. It reads as—Whoever, to commit extortion puts or attempts to put any person in fear of death or of grievous hurt shall be punished with imprisonment extending to seven years, and shall also be liable to fine. Section 387 is cognizable and non-bailable offense and is triable by a magistrate of the first class. 

9. Section 388 of the Indian Penal Code defines punishment for extortion made by the threat of accusation where the punishment of the offense is the death penalty or imprisonment for life. Completion of extortion is necessary for punishment under this section. It reads as–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 offense punishable with death, or with imprisonment for life, or of having attempted to induce any another person to commit such offense shall be punished with imprisonment extending to ten years, and shall also be liable to fine, and if the offense is punishable under section 377 of IPC, may be punished with life imprisonment. Section 388 is a cognizable and bailable offense. 

10. Section 389 of the Indian Penal Code deals with punishment for an attempt to extortion by putting a person in fear of the accusation of offense. Completion of extortion is not necessary for this section to apply. It states that anyone to commit extortion, puts or attempts to put a person in fear of an accusation, of having committed or attempted to commit, an offense punishable with death or life imprisonment shall be punished with imprisonment extending to ten years, and shall also be liable to a fine, if the offense is punishable under Section 377 of IPC, maybe punished with life imprisonment. Section 389 is a cognizable and bailable offence. 

11. The burden of proof for the offense of extortion is on the prosecution. The prosecution has to prove the commitment of the offense or an attempt to commit the offense under the above sections of the Indian Penal Code.

 Written By, 
Sarika Khude

DISCLAIMER

This article is written for educational purposes, this is not for any kind of advertisement of the writer.

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