Extortion under IPC (1960)
The scope Extortion as given for the purpose of Indian Law is defined under Section 383 ± Section 389 of the Indian Penal Code (1860).Hence the definition is as follows ± Section 383 ±
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 beconverted into valuable security commits ³extortion´.
rom the above description of
as per section 383 on the
Indian Penal Code
it can beinferred that the offence of
must have following essential ingredients ± a.
ntentionally putting a person in fear of injury
- One of the necessary ingredients of the offence of extortion is that the victim must be induced to deliver to any person any property or valuable security etc. under of injury. The fear must be of such nature andextent as to unsettle the mind of the person on whom it operates, and takes away fromhis acts the element of free voluntary action which alone constitutes consent.Here the wide interpretation of injury must be kept in mind in respect to section 44 which isas follows ± Section 44 ±
he word µinjury¶ denotes any harm whatever illegally caused to any person,in body, mind, reputation or property.
The above section therefore ascribes to the description and nature of injury being against property, injury whether physical or mental or against the goodwill of a person which maycause distress.Whether a person has in fact been put in any injury is a matter which courts must decide.Since the fear of injury is an essential ingredient to constitute the
offence of extortion
, it isnecessary to imply that the nature and extent of such injury under similar circumstances