Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused committed extortion as defined in Section 383.
- All elements of extortion were present.
- The extortion was intentional and not accidental.
- Property was actually delivered due to fear.
Potential Defenses:
- No extortion was committed.
- The accused had no intention to create fear.
- No property was delivered.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person convicted of extortion under Section 383.
What Doesn't Constitute:
A person convicted of other property offenses, or acquitted of extortion.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court upheld the punishment structure for extortion offenses.
Punishment
Up to 3 years, or Fine, or both
Related Information
Connected Sections:
This section provides punishment for extortion. It follows Section 383 (Definition of extortion).
Procedural Aspects:
Prosecution requires proof of extortion under Section 383. The case is triable by any Magistrate.