extortion
Under s.308(1) BNS (old s.383 IPC), whoever intentionally puts any person in fear of any injury to that person or another, 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. Delivery by the victim, induced by the fear, is the core element.
Extortion differs from theft, where property is taken without consent; here consent is obtained by fear. It becomes robbery (s.309 BNS) when the offender is in the presence of the victim and puts him in fear of instant death, hurt or wrongful restraint, inducing immediate delivery. Fear of injury includes injury to reputation or property.
Example
Threatening to publish her photographs unless she paid one lakh rupees, which she then paid, is extortion under s.308 BNS.
In Indian law
- Section 308 BNS (old ss.383 and 384 IPC)
- Section 309 BNS (old s.390 IPC): when extortion is robbery
See also
Read more in the study notes
- Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
- Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
- Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
- Abetment of suicide, organised crime and terrorist act (Bharatiya Nyaya Sanhita)
- Hurt and grievous hurt (Bharatiya Nyaya Sanhita)
- Wrongful restraint, wrongful confinement, criminal force and assault (Bharatiya Nyaya Sanhita)