Offence of Extortion | A causes hurt to B. B threatens A that he will initiate a criminal case against him if he does not give Rs. 50,000 to him (B). As a result of such threatening, A gives the said amount to B. Is B guilty of the offence of extortion?

Question: Offence of Extortion | A causes hurt to B. B threatens A that he will initiate a criminal case against him if he does not give Rs. 50,000 to him (B).

As a result of such threatening, A gives the said amount to B. Is B guilty of the offence of ‘extortion’? Give reasons and also refer to the case law, if any, on the point.

Find the answer to the mains question only on Legal Bites. Offence of Extortion | [A causes hurt to B. B threatens A that he will initiate a criminal case against him if he does not give Rs. 50,000 to him (B). As a result of such threatening, A gives the said amount to B. Is B guilty of the offence of extortion?]

Answer

Section 383 defines Extortion:

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”.

The essential ingredients of the offence of extortion are:

1. intentionally putting a person in fear of injury;
2. the purpose of which is to dishonestly induce the person to put in fear, and
3. to deliver property or valuable security

Further, section 389 lays a provision for putting the person in fear of accusation of offence, in order to commit extortion. It states:

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence is punishable under section 377 of this Code, may be punished with imprisonment for life.

The phrase ‘in order to the committing of extortion’ signifies that extortion may not be committed. But, if the accused does any act that puts any person in the fear of an accusation against that person or any other, he/she would be held liable under Section 389. The accusation must be for the act and not extortion because extortion is not a prerequisite under Section 389.

So, B in the present case shall be liable to have committed the offence of extortion as per section 389 of IPC.

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