IPC Section 386 - Extortion by Putting a Person in Fear of Death or Grievous Hurt
Whoever commits extortion by putting any person in fear of death or 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 ten years, and shall also be liable to fine.
Official Text
“Whoever commits extortion by putting any person in fear of death or 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 ten years, and shall also be liable to fine.”
Legal Analysis
Elements to Prove:
- The accused committed extortion.
- The extortion was by putting a person in fear.
- The fear was of death or grievous hurt.
- The fear was to that person or another.
- All elements of extortion were present.
Potential Defenses:
- No extortion was committed.
- No fear of death or grievous hurt was created.
- The accused had no intention to create fear.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person threatening to kill someone unless money is paid, or threatening serious injury for extortion.
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 severe punishment for extortion involving fear of death or grievous hurt.
Punishment
Up to 10 years and Fine
Related Information
Connected Sections:
This section provides severe punishment for extortion with fear of death or grievous hurt. It follows Section 385.
Procedural Aspects:
Prosecution requires proof of extortion and fear of death or grievous hurt. The case is triable by a Court of Session.