IPC Section 383 - Extortion
Whoever intentionally 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 a valuable security, commits "extortion".
Official Text
“Whoever intentionally 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 a valuable security, commits "extortion".”
Legal Analysis
Elements to Prove:
- The accused intentionally put a person in fear.
- The fear was of injury to that person or another.
- The accused dishonestly induced delivery of property.
- Property or valuable security was delivered.
- The delivery was due to fear.
Potential Defenses:
- No fear was intentionally created.
- No injury was threatened.
- No property was delivered.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person threatening harm unless money is paid, or forcing someone to sign documents under threat.
What Doesn't Constitute:
A person making legitimate demands, or collecting debts through proper legal means.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court clarified that extortion requires putting a person in fear to induce delivery of property.
Punishment
This is a definitional section. Punishment is provided in Section 384.
Related Information
Connected Sections:
This section defines extortion. It is followed by Section 384 (Punishment for extortion) and related to robbery.
Procedural Aspects:
Prosecution requires proof of fear and delivery of property. The case is triable by any Magistrate.