Extortion Under Indian Law - Section 384 IPC Guide

Extortion Under Indian Law - Section 384 IPC Guide

LegalKart Editor
LegalKart Editor
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Last Updated: Nov 3, 2024

Extortion is a serious crime where a person threatens to harm another person, their reputation, or their property unless specific demands are met. These demands are usually for money but can also include requests for information or favors. The person committing Extortion uses threats, coercion, or psychological pressure to force their victim into compliance.

Under section 384 IPC in Hindi of the Indian Penal Code (IPC), Extortion is recognized as a criminal act and is punishable by imprisonment and other penalties. This law aims to protect individuals from being intimidated or blackmailed into giving up their money, property, or other valuable things.

Extortion IPC 348 might involve a bully threatening a peer at school, a criminal demanding money from a business owner, or even someone threatening to reveal private information unless they are paid. Regardless of the situation, the common factor is the use of threats and intimidation to force someone to meet the extortionist’s demands. This crime not only affects the victim’s finances but also their mental well-being, making it a significant issue that law enforcement takes very seriously.

Field Details
IPC Section 384
Chapter XVII
Description Any individual found guilty of extortion faces a maximum sentence of three years in prison of any kind, a fine, or both.
Classification u/schedule 1 CrPC Offence
Offence Extortion
Punishment 3 Years or Fine
Cognizance Cognizable
Bail Non-Bailable
Triable By Any Magistrate
Composition u/s 320 CrPC Compoundable Offenses do not include this offense.

 

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What consequences result from violating Section 384 of the IPC?

Extortion can have serious effects on both victims and society. Here are some key impacts, as explained in Section 384 IPC of the Indian Penal Code (IPC):

  • Mental Stress: Victims of extortion often feel a lot of fear and stress, which can harm their mental and emotional health.

  • Money Problems: Extortion can cause financial troubles because victims might have to pay large amounts of money or risk losing their property.

  • Broken Trust: Extortion can damage relationships as victims may lose trust in others.

  • Harm to Reputation: Threats to ruin someone's reputation can have long-lasting negative effects on their public image and personal relationships.

  • Less Social Safety: The fear of extortion section in IPC 348 can make people less likely to report crimes or help the authorities, leading to a less safe society.

  • More Corruption: If Extortion is common, it can lead to more corruption, weakening the legal system.

  • Reduced Business Activity: The threat of Extortion can discourage people from doing legitimate business, hurting economic growth and opportunities.

These effects show that Extortion is not just a personal problem but a serious issue for society as a whole.

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Why does Section 384 of the Indian Penal Code make Extortion illegal?

Extortion is illegal in India because it goes against the basic principles of justice and fairness and poses a threat to the well-being of individuals and society. The Indian Penal Code (IPC) specifically addresses this crime. According to Section 383 of the IPC, Extortion is defined as intentionally putting someone in fear of injury or harm to their property in order to obtain property from them. This means if someone tries to scare another person to get money or valuables, they are committing Extortion.

Section 384 IPC in Hindi, according to the Indian Penal Code, further states that anyone found guilty of Extortion will be punished. This law is in place to protect people and ensure that everyone is treated fairly and justly.

Define Extortion under Section 384 IPC.

The extortion section in IPC 348 is a serious crime that hurts society and weakens the rule of law. It creates fear and mistrust among people, making them less likely to report crimes or help the police. This fear can cause people to stay silent, allowing criminals to continue their activities without consequences.

To protect its citizens, the Indian government has made Extortion illegal. This law, detailed in Section 384 of the India n Penal Code (IPC), aims to safeguard people's rights and ensure their well-being. By enforcing this law, the government seeks to maintain social stability and uphold the rule of law. This helps create a safer environment where people feel confident in reporting crimes and cooperating with authorities. It ensures that everyone can live without fear of being threatened or coerced and promotes a culture of honesty and cooperation.

Types of Extortion under IPC 384

Under the Indian Penal Code (IPC), Extortion means forcing someone to do something against their will, usually by threatening harm or damage. Section 384 IPC outlines different types of Extortion: 

  • Physical or Financial Threats: Forcing someone to pay money by threatening to harm them physically or financially.

  • Blackmail: Blackmail section IPC,  to reveal embarrassing or damaging information unless the person complies with your demands.

  • Property or Reputation Threats: Threatening to damage someone’s property or reputation if they do not do what you want.

  • Intimidation for Assets: Using fear to make someone hand over their property or assets.

  • False Charges: Threatening to file false criminal charges unless the person complies with your demands.                                 

If proven, these actions can lead to serious legal consequences, including imprisonment and fines, as per section 384 IPC.

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What does Section 384 of the IPC define as Extortion?

If you are facing Extortion, stay calm and avoid engaging with the extortionist, as advised by Section 384 of the Indian Penal Code (IPC). Document any threats or demands, noting dates, times, and details. Report the Extortion to the police promptly and provide them with all the evidence, such as recorded conversations or written threats. 

Consider getting a restraining order to stop further contact with the extortionist, as per Section 384 IPC. If you feel overwhelmed, seek support from friends, family, or a mental health professional.         

Take threats of extortion, IPC 348, seriously and act quickly to seek help from law enforcement. The sooner you report, the better your chances of stopping the Extortion and protecting yourself, in line with Section 384 IPC guidelines.

Blackmail is an extortion category covered by IPC Sections 383 and 384. Under Section 384, extortion, including blackmail, can lead to imprisonment for up to three years, a fine, or both.

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The Bottom Line

According to section 384 of the Indian Penal Code, extortion is a very serious crime. It happens when someone threatens, scares, or blackmails another person to get money, things, or information from them. Victims of Extortion might feel very scared and alone, but it's important to tell the authorities and find ways to stay safe. Extortion is not okay; it's a kind of unfair treatment that's against the law.

If someone is extorting you, it's crucial to act fast and get help to stop them from causing more harm. Sometimes, you might need to talk to a lawyer for advice on what to do next.

Remember, Extortion is a form of exploiting someone, which is really wrong. In the Indian Penal Code, there are rules to punish people who do this. If you're facing Extortion, it's smart to talk to a legal expert like Legal Kart to know what steps to take next and how to protect yourself. Don't be afraid to ask for help; there are people who can support you through this tough situation.

Frequently asked questions

What is extortion under Indian law?

Extortion is a criminal offense defined under Section 384 of the Indian Penal Code (IPC). It involves intentionally putting a person in fear of injury to themselves or others, or in fear of accusation of an offense, in order to dishonestly induce that person to deliver property, valuable security, or anything signed that may be converted into a valuable security.

What are the essential elements of extortion under Section 384 IPC?

To constitute an offense of extortion, the following elements must be present:

  1. Intentional putting of a person in fear of injury or accusation of offense
  2. The fear must be caused dishonestly
  3. The fear must be to induce the person to deliver property, valuable security, or something which can be converted to valuable security
  4. The accused must have the intention to gain an advantage

What is the punishment for extortion under Section 384?

Extortion is punishable with imprisonment, which may extend to three years, or with fine, or with both. If the offense is committed by putting a person in fear of death or grievous hurt, the imprisonment may extend up to ten years and also be liable for a fine.

What are some examples of extortion?

Some common examples of extortion include:

  • Threatening to harm someone unless they pay money
  • Blackmailing a person by threatening to reveal their secrets unless they hand over property
  • Putting someone in fear of being accused of an offense unless they sign over a valuable security
  • A public servant taking advantage of their official position to obtain property through inducing fear

How is extortion different from robbery under the IPC?

While both involve the unlawful taking of property, the key difference is the means employed. In extortion, the taking of property is by intentionally putting a person in fear of injury or accusation. In robbery (Sec 390 IPC), there is actual use of force or fear of instant hurt or instant wrongful restraint in order to commit theft.

Can a person be charged with extortion for making threats without actually obtaining any property?

Yes, the offense of extortion is complete as soon as a person intentionally puts another in fear for the purpose of dishonestly inducing them to deliver property or valuable security. It is not necessary that the property actually be obtained as a result of the threats.

What should a person do if they are a victim of extortion?

Victims of extortion should report the offense to the police immediately. It is important not to give in to the extortionist's demands and to preserve any evidence of the threats, such as messages, recordings, letters, etc. Seeking legal advice can also help guide a victim on the appropriate steps to take.

Can a person be punished for attempting to commit extortion?

Yes, under Section 511 of the IPC, attempting to commit an offense is itself punishable. The punishment for attempting extortion would be up to half of the longest term of imprisonment prescribed for the actual offense, and also be liable for any fine prescribed.

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Frequently asked questions

What is extortion under Indian law?

Extortion is a criminal offense defined under Section 384 of the Indian Penal Code (IPC). It involves intentionally putting a person in fear of injury to themselves or others, or in fear of accusation of an offense, in order to dishonestly induce that person to deliver property, valuable security, or anything signed that may be converted into a valuable security.

What are the essential elements of extortion under Section 384 IPC?

To constitute an offense of extortion, the following elements must be present:

  1. Intentional putting of a person in fear of injury or accusation of offense
  2. The fear must be caused dishonestly
  3. The fear must be to induce the person to deliver property, valuable security, or something which can be converted to valuable security
  4. The accused must have the intention to gain an advantage

What is the punishment for extortion under Section 384?

Extortion is punishable with imprisonment, which may extend to three years, or with fine, or with both. If the offense is committed by putting a person in fear of death or grievous hurt, the imprisonment may extend up to ten years and also be liable for a fine.

What are some examples of extortion?

Some common examples of extortion include:

  • Threatening to harm someone unless they pay money
  • Blackmailing a person by threatening to reveal their secrets unless they hand over property
  • Putting someone in fear of being accused of an offense unless they sign over a valuable security
  • A public servant taking advantage of their official position to obtain property through inducing fear

How is extortion different from robbery under the IPC?

While both involve the unlawful taking of property, the key difference is the means employed. In extortion, the taking of property is by intentionally putting a person in fear of injury or accusation. In robbery (Sec 390 IPC), there is actual use of force or fear of instant hurt or instant wrongful restraint in order to commit theft.

Can a person be charged with extortion for making threats without actually obtaining any property?

Yes, the offense of extortion is complete as soon as a person intentionally puts another in fear for the purpose of dishonestly inducing them to deliver property or valuable security. It is not necessary that the property actually be obtained as a result of the threats.

What should a person do if they are a victim of extortion?

Victims of extortion should report the offense to the police immediately. It is important not to give in to the extortionist's demands and to preserve any evidence of the threats, such as messages, recordings, letters, etc. Seeking legal advice can also help guide a victim on the appropriate steps to take.

Can a person be punished for attempting to commit extortion?

Yes, under Section 511 of the IPC, attempting to commit an offense is itself punishable. The punishment for attempting extortion would be up to half of the longest term of imprisonment prescribed for the actual offense, and also be liable for any fine prescribed.

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart