Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains offences against properties also. These study notes are highly recommendable for all those who aspire to crack CLAT, DULLB, AILET and other Law Entrance Exam. The definition of ‘Extortion’ is given under Section 383 of IPC. The Indian Penal Code is applicable to all the citizens of India who commit crimes or actions suggesting misconduct in the Indian territory. An ethical message to the readers, let’s become that generation in which these terms don’t exist. Delivery of property or valuable security by the person put in fear is the essence of the offence of extortion. Imprisonment of maximum ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life. We use cookies to ensure that we give you the best experience on our website. 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 or to any other. Punishing the accused for putting a person under fear of injury is like punishing him for attempt, because if delivery of property had taken place, the offence would have been complete. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and … Section 390 of IPC provides extortion is ‘robbery’ if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, or instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. A has committed extortion. Punishment. Student Notes - IPC - Robbery and Dacoity - Section 390 to 402. When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. B signs and delivers such noted. Section 388: Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. Extortion in Fear of Death or Grievous Hurt 5. The document is applicable to ships as well as aircrafts within the Indian seas or the airspace as well. Robbery and Dacoity. C) Illegal a... Extortion : Offences against property (Indian Penal Code 1860), Difference / Distinction between Theft and Mischief, Causing Death by Negligence (Indian Penal Code 1860), Offences Relating to Weights and Measures (Indian Penal Code,1860), Distinction / Difference between Kidnapping and Abduction, Distinction / Difference between Criminal Conspiracy and Abetment, Objective Questions with Answers on Law Of Contracts - 19, Objective Questions with Answers on Law Of Contracts - 18, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 17. The section states that whoever either puts or attempt to put any person in fear of injury in order to the committing of extortion, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. A has committed extortion. ABSTRACT. A threatens B that he will keep B's child in wrongful confinement, unless B will sign and deliver to A a promissory note binding B to pay certain moneys to A. study materials for BSL,LLB, LLM, and Various Diploma courses. Indian Penal Code (IPC) S. 383. This section says robbery is either theft or extortion. . If dacoity is committed by extortion, dacoity of both movable and immovable properties is possible. On a prima facie basis they seem to be very much similar to each other, but on a closer look it may be found that there are slight differences which distinguish one from another. Sections 385, 387 and 389 (Inchoate offences) punish the accused for merely putting a person under fear of injury while sections 384, 386 and 388 punish a person for extortion or, fear of injury coupled with delivery of property. Extortion By : Siti Nur Jannah Bt Hasanuddin 1122051 TLB 5 2. Under section 387 of the Indian penal code, it has been stated that when a person with the sole purpose of committing extortion puts or attempts to put another person in a position when there is a sense of fear of death or severe hurt to his body shall be punished for imprisonment which may extend to 7 years and is also liable to fine. Punishment for both, theft and extortion under IPC is either imprisonment of three years or fine or both. Chapter 17 of the Code contains these provisions. Robbery has the same essential elements as theft and extortion which are: Punishment for extortion under Section 384: 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. Further, the property must be delivered by the person who is threatened. This code is the same that of the theft. Punishment for Extortion 4. Extortion.. 383. Section 384 of the Indian Penal Code reads as under: "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." When extortion … The following are the constituents of extortion - 1. Section 383 defines the offence of extortion and section 384 provides punishment for extortion. Extortion – INDIAN PENAL CODE (IPC) 383. Property is obtained by putting a person under fear of injury and thereby, inducing him to part with his property. Section 30 of the IPC defines the term ‘valuable security’ as: AGGRAVATED FORMS OF EXTORTION UNDER THE INDIAN PENAL. Section 390 in The Indian Penal Code – RobberyIn all robbery, there is either theft or extortion. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. If robbery is committed by extortion, its subject matters maybe both properties, i.e., movable and immovable. Subject matter of theft is always a movable property. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. Law Notes for Law students. 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“. He thus induces Z to give him money. Section 384 IPC contains the penalty for extortion whereas Section 385 of IPC entails the punishment for an attempt to commit extortion. Thus, robbery is an aggravated form of either theft or extortion. Extortion in the Indian Penal Code – IPC Notes 1. B) Every agreement is a contract. EXTORTION UNDER IPC | IPC NOTES FOR LLB PDF |, Definition of extortion under Section 383, IPC, 1860, “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.”. Here we are providing you updated and most relevant Study notes on IPC of General Exceptions for Law Entrance Exam. 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 … ‘A’ threatens Z that he will keep Z’s child in wrongful confinement unless Z will sign and deliver to A. Illustrations- ‘A’ has committed extortion. Section 378, 379, 383 and 384 explains fully the definitions and punishment of theft and thus the extortion occupies a middle place between theft and … Theft can be committed by one person only. Extortion. 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”. Section 383: Extortion. C) A contrac... 1) Which one of the following element is not necessary for a contract ? Extortion as defined under Section 383 is putting a person in fear of grave danger and compelling that person to deliver its property and valuable security. It must be noted that Section 386 to 389 go on to the extent of discussing much harsher punishments for much-aggravated forms of extortion. S. 383 of the Indian Penal Code defines extortion as an act whereby 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 property or valuable security, or anything signed or sealed which may be converted into a valuable security. The offence of extortion is intermediary between the offence of theft and robbery. The term ‘injury’ as defined under Section 44 of the IPC includes only such harm as may be caused illegally to a person’s mind, body, reputation or, property. B) Illegal agreements are always voidable . The SEC 384 of IPC states that the act of Extortion is punishable by imprisonment for a term of three years or more depending upon the type of extortion or by paying a substantial fine or by both. ROBBERY UNDER IPC NOTES | IPC NOTES FOR LLB PDF | Theft, Extortion, Robbery and Dacoity are offences in criminal law affecting the property of a person, defined in Sections 378 to 402 of the Indian Penal Code. Prolawctor Daily Current Affairs Insights | 17 January, 2021, Prolawctor Daily Current Affairs Insights | 16 January 2021, Revocation of Proposal and Offer| Free law notes, Prolawctor Daily Current Affairs Insights | 15 January, 2021, Internet And Mobile Association vs Reserve Bank Of India on 4 March, 2020, Prolawctor Daily Current Affairs Insights | 14 January, 2021, Prolawctor Daily Current Affairs Insights | 13 January, 2021, Prolawctor Daily Current Affairs Insights | 12 January, 2021, Theft Under IPC Notes | IPC notes for LLB PDF |, ROBBERY UNDER IPC NOTES | IPC NOTES FOR LLB PDF |, ROBBERY UNDER IPC NOTES | IPC NOTES FOR LLB PDF | Prolawctor. Offences under this section is cognizable, non-bailable, non-compoundable and triable by any Magistrate. Extortion. Section 384 contains the punishment for extortion. 1) Consider the following statements : A) Every promise is an agreement. ‘A’ threatens to publish a defamatory libel concerning Z unless Z gives him money. Section 383 of Indian Penal Code defines theft – “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". Indian penal code is the skeleton of … Property is taken away without the consent of the owner. Extortion has been defined in Section 383 of the Indian Penal Code as, “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”. Whoever intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft. What is Extortion 2. — Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of … The punishment for the same offense is mentioned in section 384 of the code. Possession ... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Give correct answer : A) Void agreements are always illegal. What are the Essential Elements of Extortion 3. The terms robbery, theft, and even extortion seem very similar and even used interchangeably or apparently identical at times in everyday usage lay. If you continue to use this site we will assume that you are happy with it. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Extortion 1. Section 390 to 402 of IPC deals with robbery and dacoity. Aggravated forms of theft include robbery and dacoity. Offense Affecting Property – Extortion In Indian constitution, under section 383, it is stated that if someone induces any person for delivery of property or valuable or puts the fear of injury than he/she commits extortion. — Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence. Dishonest inducement means that the person would not have otherwise agreed to part with his property and such parting causes him a wrongful loss. It should be such so as to overpower the will of the person on whom it is exercised in such a way that the act (the act of delivery) does not remain voluntary, i.e., it affects the free consent of the person put under fear. Extortion by Threat of Accusing a Person of an Offence Punishable With Death or Life Imprisonment Extortion can be committed to both kinds of properties, i.e., movable and immovable. 4. Extortion becomes robbery, if the offender at the time of committing the offence puts the person in fear and commits the extortion by causing fear of instant death, hurt or wrongful restraint. Sections 386 and 388 provide the aggravated forms of extortion. Extortion: Section 383 & 384 IPC Robbery: Section 390 & 392 IPC Dacoity: Section 391 & 395 IPC Unit-IV- Offences against Marriage Bi-gamy, Section 494 and 495 IPC Adultery, Section 497 IPC Dowry Death Unit-V: Offences against Property Criminal misappropriation and criminal breach of trust, Sec 403, 405 IPC Cheating, Sec 415 – 417 IPC In all robbery, there is either theft or extortion. According to Section 384 of the Indian Penal Code, whoever commits extortion shall be punished with imprisonment (either simple or grievous) of either description for a term which may extend to three years, or with fine, or with both. Imprisonment of maximum ten years, and shall also be liable to fine. Indian penal code, 1860 defines the offence of extortion and it’s punishment in the Section 383 to 389. EXTORTION Definition of extortion under Section 383, IPC, 1860 “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.” Best experience on our website injury and thereby, inducing him to part with his property and such causes! 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