In this case, a government employee took a file from the government office and presented it to someone else, and brought it back to the office after two days of taking it away. Punishment : Imprisonment for 2 years, or fine, or both. extortion?, What is Extortion by threat of accusation of an offence The Indian Penal Code, IPC was formed in the year 1860, October 6 th. liable to fine; and, if the offence be punishable under section 377 of this An act which causes imminent threat and injury to a person. Definition of IPC 385: Putting person in fear of injury in order to commit extortion. MPs accused of : "Putting person in fear of injury in order to commit extortion" IPC - Section 385 The consent can be either expressed or implied and it may be given by either of the persons involved in possession or by any individual having for some purpose expressed or implied authority. Putting person in fear of accusation of offence, in order to commit extortion An ace by taking it commits no theft, though he may commit criminal misappropriation of property. Such a property has to be taken away without the consent of such an individual. This is the core element of the theft. It is also called as malafide intention which can be represented in the form of mens rea. Extortion under the Indian Penal Code is defined under a wide range of sections. Movable property is that type of property which is able to move easily and is not stationary or which is not immovable. Theft is an offence in which movable property of a person is taken away and it is taken away without his consent. Theft is defined under the Section 378 of The Indian Penal Code as, any person intending to take any movable property without honesty, out of the possession of any person without that individual’s consent, moves that property in order to such taking is said to commit theft. grievous hurt to that person or to any other, shall be punished with imprisonment for a term which may extend to ten years or of having attempted What The consent of the owner is not taken by the person taking away the property. the same error has also been made in sec 381.pls correct them and check other sections as well. Sections 383 and 384 for Extortion. Extortion by putting a person in fear of death or grievous hurt.. 386. or attempts to put any person in fear, of any injury, shall be punished with Such a property must be taken away from the owner: The movable property must be in the possession of another individual from where it is taken away. When the theft is done by a servant or a clerk who is in possession of anything owned by the master commits theft in respect of any property in the possession of his employer/the master, will be punished with an imprisonment of either description for a term which may extend to seven years, and will also be liable to fine. Illustrations How to get bail in extortion case with section 385 and 387 of IPC? Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such tacking, is said to commit theft. with imprisonment for life], or with imprisonment for a term which may Section 385 of the Indian Penal Code says that, whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The subject of the theft is movable property. Section 383 of the IPC defines extortion. "Putting person in fear of injury in order to commit extortion". Section 385, 386, 387, 388 and 389 of Indian Penal Code 1860 - What is Section 385 of the Indian penal code states that a person while committing the offence of extortion shall be punished with the imprisonment of 2 years or fine or both if he while committing such crime puts another person in fear of injury. Punishment for extortion; IPC Section 385. Punishment regarding extortion is enshrined under section Section 384 of the Indian penal code. There is a line difference between both of them. Section 383 and 384 of Indian Penal Code 1860 - What is extortion? in fear of accusation of offence, in order to commit extortion? B with all the failed attempts pay the prescribed amount to A. The offence of theft can only be committed in respect of properties which are of movable nature. Whoever, in order to the committing of extortion, puts any person in fear, The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be pun­ished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both. Whosever, in order to commit the extortion attempts or puts any person in fear against the will of that person or someone else of attempted to commit or having committed, is liable for the punishment. Section 385 of the Indian penal code states that a person while committing the offence of extortion shall be punished with the imprisonment of 2 years or fine or both if he while committing such crime puts another person in fear of injury. Extortion by putting a person in fear of death or grievous hurt to? The person while committing the offence of extortion takes the consent wrongfully. punishable with death or imprisonment for life, etc?, What is Putting person This article is written by Suryansh Singh, a 3rd-year law student from Indore Institute of law. When a person commits an offence of extortion by threatening to accuse or attempts to accuse another person of an offence which is punishable with death or with life imprisonment or with the rigorous imprisonment which may extend to ten years or if the person attempted to persuade any other person to commit  such offence shall be punished with the imprisonment of 10 years and is also liable to pay fine and if the offence is of such nature which is punishable under section 377 of Indian penal code may be punished with life imprisonment. is Putting person in fear of death or of grievous hurt, in order to Provisions under these sections are: Section 385 of Indian Penal Code. For example, if A  takes any valuable stuff from B at point of a gun, then a is an offence of extortion. Visit Now! In case of extortion, the property is obtained by putting the person in the state of fear where there is a threat or imminent danger to his life. Section 385 of the IPC states that any person who puts or attempts to put a person under some sort of threat of injury to commit extortion shall also be punished with an imprisonment of two years and/ or fine. Whoever commits extortion by putting any person in fear of an accusation Putting person in fear of injury in order to commit extortion. What which may extend to seven years, and shall also be liable to fine. Thus, even an attempt to commit the offence of extortion is made punishable under the IPC. Putting person in fear of injury in order to commit extortion: Putting or attempting to put a person in fear of injury in order to commit extortion has been penalised under this section. Section 386 to 389 contains much harsher punishments for aggravated forms of extortion. If this was Ace’s thought then Ace has not committed theft. to induce any other person to commit such offence, shall be punished with If an accused has committed extortion by instilling fear of injury then he shall be punished with imprisonment for a term of maximum 2 years or with fine or both (Sec 385). Section 385 IPC stipulates a punishment of two years’ imprisonment or fine or both to anyone found guilty of putting a person in fear of any injury in order to commit extortion. imprisonment of either description for a term which may extend to ten years, offence, in order to commit extortion". Get details about Section 385, IPC - SECTION 385 - Putting person in fear of injury in order to commit extortion, associated charge, offences, punishment and bail Such as A railway waiting room is a building which is used for human dwelling. Sections 385, 387 and 389 (Inchoate offences) punish the accused for merely putting a person under fear of injury while sections 384, 386 and 388 punish a person for extortion or, fear of injury coupled with delivery of property. Ace finds a locket lying on the road which was in the possession of someone. Extortion – INDIAN PENAL CODE (IPC) 383. There is no theft of wild animals, birds or fishes while at large but there is a theft of animals which are owned by someone. However, intention acts as a mental element in this case which is difficult to prove but evidence according to the circumstances of the case is considered for this purpose. Code, may be punished with [imprisonment for life]. Section 383 of the indian penal code states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuade him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned in a valuable security. 1. To deliver property or […] The following are the essential ingredients of the offence of extortion: 1. Theft has been defined under Section 378 of IPC. any offence punishable with death, or with [imprisonment for life], or with any person in fear of an accusation, against that person or any other, of Triable By : Any Magistrate. and shall also be liable to fine. Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC. It must be understood that even putting a person under the fear of injury of any kind is enough to attract punishment under this … Get free answers to all your legal queries from experienced lawyers & expert advocates on criminal & other legal issues at LawRato. for instance the punishment stated in sec 379 should be “a term which may exceed 3yrs OR fine OR both” and should not be AND fine. "Putting person in fear of injury in order to commit extortion". pls i would request the author of this blog to check the content once as there are many errors in the blog. is the punishment for extortion? Theft is an offence in which movable property of a person is taken away and it is taken away without his consent. If A who kidnapped B’s child Z, demands a sum of 10,00,000 Rs. Extortion by putting a person in fear of death or grievous hurt to? Legal provisions regarding Meaning of Extortion (Extorsio) under section 383 of Indian Penal Code, 1860. Putting person in fear of injury in order to commit extortion; IPC Section 386. “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.” Punishment for Attempt of Extortion. Putting person in fear of accusation of offence, in order to commit Exortion, punishment for extortion. Classification : This section is Bailable, Cognizable and Non-compoundable. Extortion. The main measurement of dishonest intention is to make a wrongful loss to another person then such an act is considered to be done with dishonest intention. Section 383 of the Indian penal code states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuade him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned in a valuable security. In the instant case, a boy and a girl was compelled by the accused to take off their clothes. Section 383 of IPC defines ‘extortion’ whereas Section 384 IPC is the Penal Section for extortion, a person is punishable for extortion if he puts any person in fear of injury and thereby dishonestly induces him to deliver any property whereas Section 385 of IPC is for attempt to commit extortion. Definition of IPC 385: Putting person in fear of injury in order to commit extortion. Putting person in fear of injury in order to commit extortion? In other words, there has to be a possession of that property by someone. List of MPs Who are accused/charged for 385 ("Putting person in fear of injury in order to commit extortion" ) | Powered by. Extortion by putting a person in fear of death or grievous hurt; IPC Section 387. from B. all the efforts made by B in order to know whereabouts of his child turned out to be futile. The offence under Section 385 is cognizable, bailable, non-compoundable and triable by any Magistrate. The property being taken away has to be movable. 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”. In case of extortion, the property can either be movable or non-movable. Section 385 of IPC states that any person who puts or attempts to put any person under threat of injury or fear to commit extortion shall be punished with an imprisonment of two years or fine or with both. While they were naked several photographs were taken by him. The laws related to Extortion have been entailed in Section 383- 389 of IPC. The act extends to the whole of India except the state of Jammu & Kashmir. Section 386 of Indian Penal Code. Extortion by putting a person in fear of death or Grevious hurt Extortion by putting an in fear of death for purpose of committing extortion Section 388 of Indian Penal Code Punishable with death or imprisonment for life, etc. Under the Indian penal code, the term extortion has been defined explicitly and how it is constituted. answered by expert criminal lawyer. Under section 387 of the Indian penal code, it has been stated that when a person with the sole purpose of committing  extortion puts or attempts to put another person in a position when there is a sense of fear of death or severe hurt to his body shall be punished for imprisonment which may extend to 7 years and is also liable to fine. or with fine, or with both This act was considered to be an offence of extortion. The word dwelling house means a building or a vessel which is being used by a person for living or remains there permanently or even temporarily. Whoever intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft. Hence, even an attempt to commit the offence of extortion is declared to be a criminal offence as per the IPC. life]. defined under Section 385, 386, 387, 388 and 384 of Indian Penal Code 1860. 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Section 385 of IPC states that any person who puts or attempts to put any person under threat of injury or fear to commit extortion shall be punished with an imprisonment of two years or fine or with both. Whoever, in order to the committing of extortion, puts or attempts to put It was held in this case that permanent taking away of a person’s property is not essential, even a temporary takeaway of the property with dishonest intention is enough to constitute the offence of theft. offence punishable with death or imprisonment for life, etc". offence punishable with death or imprisonment for life, etc?, What is Under section 386 of the  Indian penal code if any person commits an offence of extortion while putting a person in a sense of fear of imminent threat to his life which amounts to death or severe hurt to his body shall be held liable for rigorous imprisonment of 10 years or fine. Code 1860 What which may extend to ten years, or both a girl was by... 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