Extortion
Whoever intentionally puts any person in fear of any injury to that person, or to any other, thereby dishonestly induces the person so put in fear to deliver property, valuable security, or anything signed or sealed which may be converted into a valuable security, commits extortion.
It is an offence under Section 385 of the Indian Penal Code to put or attempt to put any person in fear of injury to commit extortion.The prosecution needs to prove that the accused, by his conduct, had threatened the victim by putting him in fear that if the victim failed to deliver property, valuable security, or an instrument signed or sealed, which is like valuable security, to a person, the said victim, or any other person, would be subjected to harm to reputation, or damage to property, or bodily harm, or mental alarm.
The offence under this section is cognizable, bailable and non-compoundable and is triable by any magistrate. The punishment for the crime is simple or rigorous imprisonment for a term extending up to two years, with a fine, or with both.
It is also an offence, punishable under Section 386 of the Indian Penal Code, to commit extortion by putting a person in fear of death or grievous hurt. The prosecution needs to prove that the accused, by his conduct, had threatened the victim by putting him in fear that if the victim failed to deliver property, valuable security, or an instrument signed or sealed, which is like valuable security, to a person, the said victim, or any other person, would face death or would face grievous hurt.
The offence under this section is cognizable, non-bailable and non-compoundable and is triable by a first-class magistrate. The punishment for the crime is simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to a fine. Also, under Section 387 of the Indian Penal Code, it is an offence to put or attempt to put any person in fear of death or grievous hurt to commit extortion.
The prosecution needs to prove that the accused, by his conduct, had threatened the victim by putting him in fear that if the victim failed to deliver property, valuable security, or an instrument signed or sealed, which is like valuable security, to a person, the said victim, or any other person, would face death or would face grievous hurt. The offence under this section is cognizable, non-bailable and non-compoundable and is triable by a first-class magistrate. The punishment for the crime is simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to a fine.
Lastly, under Section 388 of the Indian Penal Code, it is an offence to commit extortion by threat of accusation of a crime punishable with death or imprisonment for life. The prosecution needs to prove that the offender, to the committing of extortion, either puts or attempts to put any person in fear of an accusation against either that person or any other, that he had committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term extending up to ten years, or that he had attempted to induce any other person to commit the such offence.
The offence under this section is cognizable, bailable and non-compoundable and is triable by a first-class magistrate. The punishment for the crime is simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to a fine; if the offence was one punishable under Section 377, it might be punished with imprisonment for life.
Extortion is a severe criminal offence that can have significant consequences for both the victim and the accused. If you’re facing extortion charges, you must work with an experienced and knowledgeable attorney who can help you navigate the legal system and defend your rights.
At our law firm, we deeply understand the complexities of extortion law and the steps necessary to build a strong defence against these charges. We work closely with our clients to understand their situation, gather evidence, and create compelling cases to defend against extortion charges.
If you’re facing extortion charges or have been a victim, we encourage you to contact us today to schedule a consultation.