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Example of Extortion
Priyanshu Kumar
UL21ba035
ABSTRACT
Criminal law is a body of rules and statues that define conduct Prohibited by the state
because
It threatens and harms Public safety and welfare and that establish punishment to be imposed
for the commission of such acts. A crime is of many types and it is differentiated on the,
basis of how it is committed so one of a type of a crime is Extortion and Criminal
intimidation. So in this paper I will be analysing the Difference between Extortion and
Criminal intimidation, and also stating the essential ingredient to be called as Extortion or
Criminal Intimidation. The Extortion and Criminal intimidation will also be Explained with
the help of Case studies. And I will also analyse the cases and judgment given on the matter
of Extortion and Criminal intimidation. The Project will also consist of Punishment for
Extortion and criminal intimidation. The term extortion is enumerated in section 383 of
Indian penal code The term extortion means Extortion is the dishonest act of inducing
someone to transfer to another person any property, a valuable security, or anything signed
or sealed that could be changed into a valuable security by purposefully inciting that person
to fear harm to themselves or others. Extortion is also reffered as means of committing theft
or robbery whereas criminal intimidation means By definition, intimidation is deliberate
activity designed to make the victim fearful of damage or worse in order to elicit the desired
response. This term makes it quite evident that an occurrence of this nature must have
criminal consequences. As a result, the Indian Criminal Code Section 503 under "Chapter
XXII," which deals solely with criminal intimidation, insulted harassment, lists a specific set
of prohibitions against such activity. According to this section, anyone who threatens another
person with physical harm, harm to their reputation or property, or the same to anyone in
whom they have an interest, with the intent to cause alarm or to force them to perform an act
for which they are not legally required, or to refrain from performing an act for which they
are legally permitted to carry out such a threat is criminal intimidation. A comparable topic
is covered by Section 507 of the IPC, which is illegal intimidation through anonymous
communication. The non-cognizable and bailable offence category includes Section
503.Criminal intimidation is also termed as a means of commiting crime by an other person
by putting him/her in fear of injury so that he does something which he is not bound to so
section 384 to 389 of Indian penal code talks about the punishment of offence of Extortion it
says maximum three year punishment is given for the offence of Extortion or fine or both
whereas in criminal intimidation the section 504 to 506 of Indian penal code talks about the
punishment for Criminal intimidation it says that punishment for criminal intimidation can
be given maximum for 2 year or fine or both along with all this extortion I have also
discussed cases related to Extortion and criminal intimidation. I have also mentioned the
basic ingredients needed to be called as a offence of Extortion or criminal intimidation. I
have also given a very detail and exhaustive list of example related to Extortion and Criminal
intimidation along with illustration I have also mentioned a exhaustive list of case laws
related to extortion an criminal intimidation
What is Extortion?
Extortion is enumerated in section 383 of the Indian Penal Code section 383 of Indian Penal
code says “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 of the person through threat or force
Extortion simply means taking of someone valuable property or something valuable
substances from the possession of the owner by threatening him or making him in fear to put
him into death extortion is also stated as demand of valuable substances under terror without
any reasonability.
By many legal researcher it has been stated that Extortion is a activity between the robbery
and theft. If an offender takes some valuable object or property out of the perview of the
owner of that Property without his/her consent or permission then it is termed as theft
whereas if a offender takes away some valuable object or property in front of the eyes of the
owner or the property holder then it falls under the umbrella of robbery and the offender is
punished for the crime of robbery but between both these theft and robbery extortion comes
into an action in Extortion if a offender takes away some valuable object or property without
the consent of owner or the property holder by putting the owner or the property holders or
their family member by putting them or showing them fear of injury or death is termed as
Extortion
To call it as a offence under Extortion the offender should must put another person in a fear
of causing injury or death to that person and tells him/ her to handover some valuable
property or valuable security or any document or papers which can be converted into
valuable security later onwards. Therefore it is said that only the intention of causing
wrongful loss or Wrongful gain , mere causing of Wrongful loss Would not be sufficient for
an offence but their should be actual and real delivery of goods (Property) by creating the
fear in the mind of the owner or the Property holder and that fear should also be in high in
degree like fear of hurt or grievous hurt or fear of death. In the act of extortion the Actus reus
plays the most important role of the offender clubbed with dishonest intention of taking
someone property without the consent of owner or the property holder.
The offence of Extortion enumerated in section 384 of IPC is a cognizable offense it means
that the police can arrest the offender of extortion or the person accused of extortion without
a warrant in hand of police. the offence of Extortion is non-bailable offense it means that the
bail of the person accused of Extortion is fully dependable on the discretion of the court that
the bail should be given or not. The bail of a person depends on case to case basis In certain
case a person may get bail whereas in certain case person may not also get the bail.
The offense of Extortion enumerated in section 384 of IPC is an Non-compoundable it
means that compounding is a term basically it is a process where the victim and the accused
agree to settle their dispute out of the court in order to avoid the trial of the court but the case
of Extortion can not be compromised out side the court it has to be prosecuted within the
court any how. It is so because there are certain crimes or offences which are so heinous
grave.
Examples of Extortion
Some of the Examples of Extortion are :
Threatening to publish your ex's naked pictures online if they don't allow their phone
to be unblocked
threatening to set fire to the home of your previous employer unless they pay you
$10,000
telling your partner that if they don't pay for your new apartment so you can move out,
you'll accuse them of rape after discovering they cheated on you
threatening to reveal an individual's address and phone number unless they hand over
all of their priceless jewellery
threatening to publish texts between a married employee and CEO that are sexually
explicit until money is supplied
Upon learning that your husband had an affair with three married persons, you
demand $5,000 from each of them or you will notify their families.
sending emails threatening victims with the publication of their private information if
they don't pay a ransom within a week
A convinces Z to sign and deliver the bond by threatening to send clubmen to plough
up Z's field if Z doesn't agree to sign and deliver to B a bond obliging Z under penalty
of delivery of specified produce to B. A has engaged in extortion.
(d) A dishonestly causes Z to sign or seal a piece of blank paper and provide it to A by
making Z fear suffering great harm. Z signs the document and gives it to A. In this
case, the signed paper might become an useful security. A has engaged in extortion.
A threatens to set B's home on fire to dissuade him from bringing a legal lawsuit. A is
guilty of intimidating people unlawfully.
A threatens to kill B's wife in an effort to persuade B not to file a complaint against
him. A might face punishment if found guilty of the crime of criminal intimidation.
A threatens to kill one of B's children if he doesn't perform a certain thing, under the
circumstances that the killing will be perceived as being in conflict with the will of
God. According to this provision, "A" has committed an offence.
If a female worker warned her boss that she would file a bogus sexual harassment
complaint against him if he didn't pay her 50 lakh rupees. The employer's reputation is
obviously at risk, hence this incident qualifies as criminal intimidation under Section
503 of the IPC.
If a labour contractor compels a daily wage worker to work for him for very little
money, and if the worker refuses, the contractor will seize the worker's personal things
and light them on fire. Criminal intimidation is the crime that is committed here
If Mohan doesn't pay him 5 lakh rupees, a man by the name of Ram threatens to leak
his daughter's pornographic images. Here, Ram is threatening to harm Mohan's
daughter's reputation, which constitutes illegal intimidation
Imagine some terrorists took control of a government plane and threatened to kill
every passenger unless the Indian government complied with their demand. Hence, act
of threatening becomes the source of anxiety and suffering. As a result, criminal
intimidation is a crime that is committed.
Dishonestly inducing the person so put in fear to deliver to any person, any
valuable goods or Property
Here a person puts an individual into a state or apprehension of fear of injury or death
so that the person who has been put into the fear can deliver some valuable property
or valuable security to that person
When someone threatens another with harm to their person, property, or reputation,
forcing them to do or say something they are not legally compelled to, they have
committed this crime.
The main reason why extortion is done is to obtain monetary benefit or to get some
valuable security
The main reason why criminal intimidation is done is to threaten someone to do any
activity that he is not liable to do or to induce someone not to do anything which he is
legally bound to do that
REFERENCES
https://www.ambeaulaw.com/blog/2020/november/8-examples-of-extortion-to-know
https://blog.ipleaders.in/theft-extortion-indian-penal-code/
Indiankanoon.org
www.lawtendo.com
timesofindia.indiatimes.com
https://www.ambeaulaw.com/blog/2020/november/8-examples-of-extortion-to-know
https://www.casemine.com/judgement/in/5608fdb8e4b014971114ed4b
https://crlreview.in/2019/01/27/extortion-indian-penal-code/
https://devgan.in/ipc/?a=ipc&q=extortion
https://legalstudymaterial.com/criminal-intimidation-under-indian-penal-code/
https://getlegalindia.com/extortion/
PSA Pillais 14 th edition criminal law book