Extortion

Meaning of Extortion

Extortion is an offence under the Indian Penal Code (IPC) that is committed when a person intentionally puts another person in fear of injury to their person, reputation, or property, and thereby dishonestly induces the person to deliver any property or valuable security, or to consent to the retention of property or valuable security.

Essential Elements of Extortion under IPC

1. Dishonest intention: The offender must have a dishonest intention to induce the victim to deliver any property or valuable security or to do or omit to do anything.
2. Putting the victim in fear of injury: The offender must intentionally put the victim in fear of injury to him or to any other person.
3. Inducing the victim to deliver property or do or omit to do anything: The offender must dishonestly induce the victim to deliver any property or valuable security or to do or omit to do anything which he would not have done or omitted to do if he were not in such fear.
4. Delivery of property or doing or omitting to do an act: The victim must actually deliver the property or valuable security or do or omit to do the act which he was induced to do by the offender.
5. Fear caused by the offender: The fear in which the victim is induced to deliver the property or valuable security or to do or omit to do anything must be caused by the offender.

Punishment of Extortion

Extortion is punished under the IPC in Sections 384-389. The severity of the offence and the circumstances surrounding its commission determine the punishment.

The following are the punishments for extortion under IPC:

1. Section 384 – Punishment for extortion – The punishment is imprisonment of either description for a term which may extend to three years, or with fine, or with both.
2. Section 385 – Putting person in fear of injury in order to commit extortion – The punishment is imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
3. Section 386 – Extortion by putting a person in fear of death or grievous hurt – The punishment is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
4. Section 387 – Putting person in fear of death or of grievous hurt, in order to commit extortion – The punishment is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
5. Section 388 – Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. – The punishment is imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
6. Section 389 – Putting person in fear of accusation of an offence, in order to commit extortion – The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.