Extortion under Indian Penal Code

 According to Section  383 of IPC,” Whoever intestinally puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into valuable security commits, “Extortion”.

Essentials of Extortion  

• There must be a show of force or threat.
• Such force or threat should be in the form of fear of injury.
• Such injury may be for the person who is put under the fear or for any other persons in which the former person has interest.
• Such force should be shown with a view to take a thing for property or valuable security or sign or seal or a document.
• There must be dishonest intention.

Thus if the above elements are present then it is an offence of extortion, dishonest intention is also an essential element of extortion. Dishonest intention is measured from the circumstances and facts of each case. Anything taken from a person at the point of pistol is an e.g. of extortion.

Illustrations

• ‘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.
• ‘A’ threatens Z  that he will keep Z’s child in wrongful confinement unless Z will sign and deliver to A  a promissory note binding Z to pay money to ‘A’. Z signs and delivers the note. ‘A’ has committed the offence of extortion.

Punishment for the Offence of Extortion

A has committed the offence of extortion. Punishment for extortion under section 384 of IPC,” 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.

Adultery is an act which requires the consent of both the parties. The male offender alone is liable to punishment and the married woman is not liable even as an abettor.