Extortion IPC 383

 

Extortion is defined in Section 383 of IPC as appropriation of property by coercion.

The essential ingredients of the offence of extortion are:

• intentionally putting a person in fear of injury (imminent threat and injury to a person.)
• The act must be done intentionally and deceitfully.
• An unreasonable force should be shown through which a person seeks to take the property or any other valuable goods of another person or any document.
• the purpose of which is to dishonestly induce the person put in fear to deliver property or valuable security.

Illustration: 

X demands money or valuables from A by causing immediate fear of killing A's Child at point of a gun, A gives money and valuables as demanded by X, then X has an offence of extortion

Case Law:

Romesh Chandra Arora v State

The accused had written letters to one X enclosing photograph of his daughter in the nude, which he took by threatening the girl and demanded hush money from X and threatened X that he would circulate them to the relatives of X if the money was not paid. 

He was convicted for extortion and criminal intimidation.

Punishment (section 384 of IPC)

Punishment for extortion is enshrined under section Section 384 of the Indian penal code.

A person committing such offence shall be punished with the imprisonment of 3 years or with fine or both.

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