The punishment for extortion is less than robbery and the same goes with theft. So, that’s the reason one needs to know the difference between them. So, before we delve further, let’s understand what extortion is and thereafter we will understand when extortion is robbery.
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 deliver 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.
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.
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.
When extortion is robbery?
Section 390 of Indian Penal Code states that if a person while committing extortion puts the person or any other person in –
- Fear of instant death,
- Instant hurt,
- Instant wrongful restraint
- And induces the person in fear to deliver the property, valuable security or anything signed or sealed which can be converted into valuable security.
Section 392 of Indian Penal Code states that if a person commits robbery then he shall be punished with rigorous imprisonment for a term which may extend to ten years along with a fine.
If the robbery was committed on the highway between sunset and sunrise then the person shall be punished for a term which may extend to fourteen years.
A goes to X and takes away his child Z. A uses a pistol and says he’ll kill Z if X does not give gold ornaments to him. So, X in instant fear gives whatever he has. Here, A committed robbery.