Extortion and Robbery

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ACCORDING TO SECTION 383

EXTORTION
1. Elements of Extortion:
● Intentional Threat: The perpetrator must intentionally threaten the victim
with harm to themselves or someone else.
● Fear-Induced Delivery: The threat must induce fear in the victim, leading
them to deliver property, valuable security, or something that can be converted
into a valuable security.
● Dishonesty: The inducement to deliver must be dishonest, meaning it's done
with the intention to deceive or defraud the victim.
ACCORDING TO SECTION 384
Punishment for extortion
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.

ACCORDING TO SECTION 385


Putting a person in fear of injury to commit extortion:
This section addresses the act of putting someone in fear of injury to extort something from
them. It specifies that anyone who, in order to commit extortion, puts any person in fear, or
attempts to put any person in fear, of any injury, shall be punished with imprisonment for up
to two years, or with a fine, or with both

ACCORDING TO SECTION 386


Extortion by putting a person in fear of death or grievous hurt:
Whoever commits extortion by putting any person in fear of death or of grievous hurt to that
person to any other, shall be punished with imprisonment of either description for a term
which may extend to ten years and shall also be liable to fine.

ACCORDING TO SECTION 387


Putting a person in fear of death or of grievous hurt, to commit extortion:
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of
death or of grievous hurt to that person or to any Other, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to
fine

ACCORDING TO SECTION 388


Extortion by threat of accusation of an offence punishable with death or imprisonment
for life, etc:
This section deals with extortion through the threat of accusing someone of a serious crime
punishable by death or life imprisonment, or attempting to induce them to commit such an
offense. It states that whoever commits extortion through such threats shall be punished with
imprisonment for up to ten years, and may also be liable to a fine. Additionally, if the offense
falls under Section 377 of the legal code (presumably a particularly severe crime), the
perpetrator may be punished with imprisonment for life.

ACCORDING TO SECTION 389


Putting a person in fear of accusation of offence, to commit extortion:
Similar to Section 388, this section addresses the act of putting someone in fear of being
accused of a serious offense in order to commit extortion. It specifies that whoever, in order
to commit extortion, puts or attempts to put any person in fear of an accusation punishable
with death, life imprisonment, or imprisonment for up to ten years, shall be punished with
imprisonment for up to ten years, and may also be liable to a fine. If the offense falls under
Section 377, the perpetrator may be punished with imprisonment for life.

ACCORDING TO SECTION 390


ROBBERY:
Theft as Robbery:
1. Theft becomes robbery when, in the course of committing the theft or attempting to
do so, the offender voluntarily causes or attempts to cause:
● Death
● Hurt
● Wrongful restraint
● Fear of instant death, instant hurt, or instant wrongful restraint to any person.
2. Illustration (a) demonstrates this concept. A holds Z down and takes Z's money and
jewels without consent, causing wrongful restraint to Z. Therefore, A has committed
robbery.
Extortion as Robbery:
3. Extortion becomes robbery when the offender, at the time of committing the extortion,
is in the presence of the person being put in fear. The extortion is committed by
putting that person in fear of:
● Instant death
● Instant hurt
● Instant wrongful restraint to that person or to some other person.
4. Illustrations (b) and (c) exemplify extortion as robbery. In (b), A shows a pistol to Z
on the high road and demands Z's purse, inducing fear of instant hurt, which leads to
Z surrendering the purse. In (c), A threatens to harm Z's child unless Z delivers his
purse, inducing fear of instant hurt to the child, thus constituting robbery.
Distinguishing Extortion from Robbery:
5. It's crucial to note that while both theft and extortion can lead to robbery, they are
distinct offenses. In the case of extortion, the focus is on the use of threats or
intimidation to obtain something of value, while theft involves the unlawful taking of
someone else's property without consent.
6. Illustration (d) presents a scenario where A obtains property from Z by threatening
harm to Z's child. This constitutes extortion, but it would only be considered robbery
if Z is put in fear of the instant death of his child.

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