Extortion Case

Extortion under the Indian Penal Code is defined under a wide range of sections. It has been defined from Sections 383-389in the IPC. The definition of Extortion is penned down in Section 383, which says that if a person intentionally puts another person in a position of fear or of any threat to cause him injury or deceitfully persuade so that he may deliver the property or the other valuable goods to a different person or any document which has been signed and may be turned during a valuable security.

The definition of Extortion can further be explained with the help of the following illustrations:-

1. M threatens to publish a defamatory libel concerning X unless X gives him money. He thus induces X to give him money. M  has committed extortion

The main essence for the applicability of Section-383 i.e. Extortion, is obtaining the delivery of property or any item of value in consequence of dishonest inducement. Therefore,  an intention to cause wrongful loss to one and wrongful gain to another is the essential ingredient of extortion.

Essential Elements of Extortion

1. Intentionally putting a person in fear of injury:- The wrongdoer m, which is triable by any magistrate under fear of any sort of threat or an injury. If no such action is done by the wrongdoer then extortion would not constitute.
2. Intention:– The person must have a dishonest intention without which the crime of extortion cannot be committed.
3. To deliver property or valuable security:– This means that such threat or fear of injury is caused to the other person to force him to transfer his property or any other valuable item. This means that the wrongdoer must actually ask for something specific.

Punishment

The punishment for extortion is defined under Section 384 of  IPC, This section reads as, “whoever commits the crime of extortion shall be punished for a term  of either description  which can reach 3 years, or with fine, or both.”

Further, this offence is a cognisable offence wherein the police may arrest the person without a warrant, which is triable by any magistrate. Also, it is a non-bailable offence which further cannot be compounded, i.e. it cannot be solved by both parties by way of discussion or negotiation. However, a warrant is required in this case at the first instance which if not provided or if time is of the essence can also be approached without such a warrant.

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