As a child we should tell our parents to provide us something then we are going to eat or study. We used to think it would put our parents in fear and they would provide it. But with passage of time, we used to laugh at our childish behaviours.
But if a person intentionally puts another person in fear of injury just to dishonestly get the property or valuable security of another person, then what shall be punished? Or Is it an offence?
Section 383 of Indian Penal Code
Section 383 of Indian Penal Code states that if a person intentionally puts another person in fear of injury and dishonestly induces him to delivery his property or valuable security to him or deliver anything signed or sealed which can be converted into valuable security or property. Then he shall be committed for extortion.
Essential requisite
The ingredients of the aforementioned section is –
- The person puts another person in fear of injury
- Dishonestly induces another person
- Delivery of property( movable or immovable), valuable security or anything signed or sealed which can be converted into valuable property.
Punishment for extortion
Section 384 of Indian Penal Code states that a person shall be punishable for extortion for a term which may extend to three years or fine or both.
Case laws –
Jadunandan Singh v. Emperor, AIR 1941 Pat 129
In this case, the court held that if a person forcibly took a thumb impression on any paper then it would not amount to extortion.
Hyderabad State v. Beerappa, AIR 1951 Hyd 91
In this case, the court held that delivery of property includes movable as well as immovable properties.
Illustration –
A wrongfully confines X and threatens Y to deliver his farm house along with his property to A. Y in fear of injury to X, transfer farm house and his property to A. Here,A has committed extortion.
A threatens to publish intimate pictures of B and demands money for not publishing it. B in fear, delivers the valuable security to him. Here, A has committed extortion.
