IPC Section 385 - Putting Person in Fear of Grievous Hurt in Order to Commit Extortion

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

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Bailable, Cognizable

Official Text

“Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

Legal Analysis

Elements to Prove:

  • The accused put or attempted to put a person in fear.
  • The fear was of grievous hurt.
  • The fear was to that person or another.
  • The purpose was to commit extortion.
  • The fear was intentional and not accidental.

Potential Defenses:

  • No fear of grievous hurt was created.
  • No attempt to create fear was made.
  • The fear was not for extortion purposes.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person threatening serious injury unless money is paid, or attempting to create fear of grievous harm.

What Doesn't Constitute:

A person making legitimate demands, or threatening minor harm.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the enhanced punishment for extortion involving fear of grievous hurt.

Punishment

Up to 7 years and Fine

Related Information

Connected Sections:

This section provides enhanced punishment for extortion with fear of grievous hurt. It follows Section 384.

Procedural Aspects:

Prosecution requires proof of fear of grievous hurt and extortion purpose. The case is triable by a Magistrate of the first class.

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