Extortion Under Indian Penal Code, 1860

Introduction

Extortion is defined under Section 383 of the Indian Penal Code, 1860 (IPC) which states that whoever intentionally puts any other person in fear of injury to him, or to any other person, and dishonestly induces him by putting him in fear to deliver any property or any valuable thing or anything sealed and signed said to commit extortion.

• For example, A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.

What are Essentials of Extortion?

Intentionally putting a Person in Fear of Injury-

• The fear must be of such a nature and extent as to unsettle the mind of the person on whom it operates and takes away from his acts that element of free voluntary action which alone constitutes consent.
• The fear of injury contemplated here need not necessarily be bodily harm or hurt. It will include injuries to the mind, reputation or property of the person.
• The word ‘injury’ is defined in Section 44 of IPC as denoting ‘any harm whatever illegally caused to any person, in body, mind, reputation or property’.
• In A.R. Antulay v. R.S. Nayak (1986) Case: The accused was Chief Minister at the relevant time and the Sugar Co-operatives had some of the grievances pending consideration before the Government. The pressure was brought about on the Sugar Co-operatives to make the donations with a promise that their grievances shall be considered. The Supreme Court held that the ingredients of the offence of extortion not made out. There was no evidence at all that the management of the Sugar Co-operatives had been put in any fear and the contributions had been paid in response to threats.

Dishonest Inducement to the Person so put in Fear to Deliver to Any Person Any Property or Valuable Security-

• The essence of this offence is dishonest inducement and obtaining delivery of property in consequences of such inducement. Therefore, an intention to cause wrongful loss or gain is essential; merely causing wrongful loss would not be sufficient.
• The threat may be used by one person and the property must be delivered in consequences of such threat i.e., the delivery of property to the person who puts in fear of injury to the one who delivers that property is not necessarily the same, it may be delivered to any person at the instance of the former and in consequences of the threat used.
• All those persons who use threat and to whom property is delivered will be liable for the offence of extortion.
• Valuable security is defined under Section 30 of the Code. The thing delivered under this section may be any property or valuable security, or anything signed or sealed which may be converted into valuable security.

Punishment for Extortion

• Section 384: 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.

What are the Aggravated forms of Extortion?

Extortion by Putting a Person in Fear of Death or Grevious Hurt:

• Section 386 of the Code states that whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
• In the Ram Chandra v. State of Uttar Pradesh (1977) case, the accused kidnapped a boy and wrote letters to the father of the boy stating that unless the money was paid, the boy would be killed. The Allahabad High Court held that an offence under Section 386 was carried out because all the ransom letters disclosed that the father of the boy was constantly under the fear that his son would be murdered.

Putting Person in Fear of Death or of Grevious hurt, in order to commit Extortion:

• Section 387 of the Code states that whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
• The Patna High Court in Ramji Singh v. State of Bihar (2001) case observed that in order to constitute an offence of extortion under Section 387, there ought to be some overt act which may reflect the natural and formal inference that the offence has in fact put a person in fear of death or grievous hurt. In the absence of any act overt act leading to extortion, there would be no offence of extortion by threat. Mere use of threatening words would not constitute an offence under Section 387.

Extortion by Threat of Accusation of an Offence:

Punishable with Death or imprisonment for Life, etc.

• Section 388 of the Code that 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 offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and if the offence is punishable under Section 377 (Unnatural offences) of IPC, it may be punished with imprisonment for life.

Putting Person in Fear of Accusation Of Offences, in order to commit Extortion:

• Section 389 of the Code states that whoever, in order to the commenting of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and if offence is punishable under Section 377 of IPC, and he may be punished with imprisonment for life.
• This section is analogous to Section 388 of IPC and bears the same relation which Section 388 bears with Section 385.
• It is not necessary that extortion contemplated by preceding Section 388 must have been committed. Even an attempt to commit such extortion is made punishable in this section.

Conclusion

• It is necessary to maintain peace and order in any society for humans to live peacefully and without fear of injury to lives, limbs and property. The law is made to protect and preserve certain fundamental social values and institutions by prescribing a set of norms of human behaviour and forbids certain conducts; and provides punishments for the disregards of such norms and conducts normally, a crime is committed by joining of hands by several persons; and ordinarily, two or more than two persons are always involved in any commission of crime.