The thing delivered under this Section may be any valuables or property, or any paper except blank sheet signed or sealed which may be changed into a valuable security. The act of inducement caused by the culprit had to make at least the consent of the victim to deliver his property even if the actual delivery does not take place but if it fails to bring out any effect, then the act would be considered only at the stage of an attempt to commit extortion. It is an essential feature as consent will be taken through the dishonest inducement of the owner. The Court held that if it was held that in extortion, the person who was put in fear must have been induced dishonestly to deliver his property. State (2006), the complainant lodged a file alleging that the accused and other members of the same community have established an illegal or unlawful offence by humiliating and imposing heavy fines on the members of the community. The offence of extortion is incomplete if there is no delivery of property by the property holder to the extortioner. Therefore, wrongful loss or wrongful gain is essential. The essence of this section is dishonest inducement and obtaining delivery of property through that inducement. It was proved that the management of sugar cooperatives had not been put in any fear and the contribution was paid with their consent. For extortion, fear and threat are essential elements. The Supreme Court held that these facts do not constitute the offence of extortion. Antulay interrogated the sugar cooperatives, whose cases were undecided before the government for consideration, and promised to look into their cases. The actual delivery of property is required to constitute extortion. Deliberately putting a person in fear of hurt or injuryĪ person must have a mala fide motive to cause a wrongful gain to the extortioner and wrongful loss to the owner. M has committed extortion.Įssential elements of extortion 1. M threatens to publish a defamatory libel concerning N unless N gives him his property.He thus induces Y to deliver his valuable thing to him. X threatens Y to deliver his brand new bike to him or otherwise, X will keep his daughter in wrongful confinement and will not give her food or water until he gets what he wants Y has no other option but to give his new bike to X.It is a wrongful loss to the property holder and wrongful gain to the extortioner. The term ‘Extortion’ is defined under Section 383 of the Indian Penal Code, 1860 as “ When someone intentionally puts any person in fear of any hurt to that person, or any other person and thereby, deceitfully induces the person so put in fear to hand over that person’s property, or any valuable security or anything signed and sealed which may be changed into a valuable asset commit, extortion.” In short, it can be said that extortion is forcing someone to transfer his or her treasures through force or threat to cause harm. If someone can hack into a business system and steal data, he or she can threaten to delete or release the data unless the business pays up. Modern age extortion is cyber-extortion where threat and unpleasant consequences involve the disclosure of an organisation’s information or an attack on a company’s electronic infrastructure. Extortion was typically carried out by gangs who forced businessmen to pay up or to face the consequences. In earlier times, threats of violence and blackmail were probably the two most popular ways to extort a person. In other words, making the threat is sufficient and the actual obtainment of money or property is not required to commit the offence.Įxtortion is the unlawful exaction of money or property through intimidation or coercion. This could consist of physical harm, financial harm, destruction of property, or abuse of official power. Currently, extortion can be a threat of physical violence, the threat of destruction of property, or imminent criminal action. Extortion is an offence where any person intentionally induces or threatens or so put in fear to deliver any property or valuable security or any signed or sealed document which may be changed into valuable security of another person. The current article deals with the offence of extortion which comes under the purview of offences against property which extends from Section 383 to 389 of the Indian Penal Code. Difference between extortion and robbery.Deliberately putting a person in fear of hurt or injury
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