Everything About Extortion and Section 384 IPC

Index
1. Introduction
2. Effects of Crime (384 IPC)
3. Why Extortion is Illegal
4. Definition of Extortion (384 IPC)
5. Section 384 IPC Explained
6. Types of Extortion
7. What Constitutes Extortion
8. Actions Against Extortion
9. Conclusion
10. FAQs on Extortion (384 IPC)

Introduction

Extortion is criminal behaviour where a person asks another person for money or something else, and if that person does not agree to give them what they want, that person creates fear to do harm on him, his property or even in their name. Most of the time what they ask for is cash although there are cases where they want something different.

Threats, coercion or psychological pressure are the ways in which most people engage in extortion and according to section 384 IPC, imprisonment and other penalties are included for serious crimes.

Field	Details
IPC Section	384
Chapter	17
Description	A punishment of either kind of prison sentence for a period that could last up to three years or a fine or both shall follow anyone who commits extortion.
Classification u/schedule 1 CrPC	Offence
Offence	Extortion
Punishment	3 Years or Fine or Both
Cognizance	Cognizable
Bail	Non-Bailable
Triable By	Any Magistrate
Composition u/s 320 CrPC	The offence is NOT listed under Compoundable Offences

What are the effects of crime under Section 384 IPC?

As per section 384 IPC, the results of blackmailing are broad-based and can worstly affect the wronged individual and the entire community. Among the implications of extortion are:

• Psychological Harm: Fear and stress from extortion may majorly impact victims’ mental and emotional health.
• Financial Harm: When extortionists take advantage of someone’s financial vulnerability they often demand huge amounts of money; failure to comply would mean that the individual loses his house amongst other properties thereby putting them into a state of poverty.
• Loss of Trust: A relationship of any kind can be destroyed by blackmail; additionally, one may lose faith in those around them.
• Damage to Reputation: The threats to damage the personal image and social standing of individuals are likely to stick with them forever.
• Decreased Social Stability: It is very likely that extortion can erode social stability, making citizens wary of reporting crimes and cooperating with the state apparatus.
• Widespread Corruption: Crossing boundary lines and clippings officials’ collars could lead them to an abyss of vice hence affecting legality as well.
• Deterrent Effect: That could possibly create a drawback and lower the tendency of individuals towards law-abiding entrepreneurial ventures.

Why is Extortion illegal in India as per Section 384 IPC?

In India, for the reason that it is contrary to the very foundations of justice and equality, as well as threatening both individual and social welfare, extortion has been made illegal.

In fact, extortion is specifically prohibited in Section 383 of the IPC (Indian Penal Code). For instance, if someone seriously intends to harm another person’s reputation or property just so that they can seize their wealth without their consent, then he/she is considered guilty of extortion under Section 384 IPC.

What is Extortion under Section 384 IPC?

Extortion destroys possible peace in society as well as the legal order. It creates a climate of fear and lack of trust that can paralyze victims from reporting crimes or helping law enforcement.

In an attempt to uphold social order and also protect citizen’s rights including health under section 384 IPC, which deals with legal advice, the Indian government seeks to outlaw extortion

Explanation of Section 384 IPC or Extortion IPC?

Section 384 of the IPC (Indian Penal Code) comprehends punishment for extortion.

Section 384 IPC specifies that whoever commits or performs extortion shall be punished or imprisoned for any of its descriptions for a period which may extend up to three years or maybe fined or both and is also based on the facts of the cases as per section 384 IPC.

The sentence for the conviction on an offence of extortion may be imprisonment for not more than three years, a fine or both. Actual punishment is dependent upon various factors surrounding the offences committed and is, in this case, at the discretion of the presiding judge.

Kinds of Extortion under IPC 384

According to the Indian Penal Code (IPC), extortion refers to coerced actions performed that are against the will of anyone whereby a threat may be used to restrict their freedom with respect to causing harm or mischief at stake.

Here are some types of extortion under IPC as per section 384 IPC:

• If someone does not settle their debts, they will face physical or financial injury threats.
• If individuals do not meet your demands, then you blackmail them for revealing their disgraceful or damaging information.
• If you don’t do as we ask, we will hurt your good name or break your things.
• As prescribed in section 384 of IPC to coerce a person into surrendering his belongings or possessions by means of intimidation or fear.
• Coercing someone to respond to your requirements, otherwise, you may mischievously implicate them for alleged crimes.
• If proven, such acts may result in harsh legal consequences like jail terms and fines under section 384 of IPC.

What will be considered Extortion as per Section 384 IPC?

• The act of monetary extortion is accompanied by threats of assault or theft on a certain individual’s property or even kidnap threats.
• A person threatens to disclose a person’s damaging information unless they are given an amount of money.
• A government representative asks for a bribe from a company as an exchange of favour or to prevent punishment.
• To prevent any confidential information that was illegally obtained from being released, the hacker demands payment from the firm.
• A demand is made by one person for payment from another person in return for refraining from carrying out a threat, such as a false accusation of crime or defamation of character.

What do you do if someone extorts you under Section 384 IPC?

• Section 384 of IPC provides that you shouldn’t get involved with the blackmailer; remain composed.
• Note any threats or demands made against you, including dates, times, and specifics of the encounter.
• As soon as possible, report any extortion to the police. Share with them all the evidence you have gathered such as recorded conversations or written threats
• As per Section 384 of IPC, you should file for a restraining order so that he/she does not contact you anymore.
• For support, reach out to friends, family members or professionals in mental health if overwhelmed.

Taking handling threats of blackmail seriously by involving police assistance is essential. In accordance with section 384 IPC, acting promptly gives you a better chance at stopping the extortionists and securing yourself.

Blackmail almost always constitutes extortion under IPC Sections 383 and 384 as such.

IPC Section: 383

Description: Extortion (including blackmail)

Punishment: Under Section 384, extortion can result in imprisonment for up to three years, a fine, or both.

Conclusion

According to IPC section 384, extortion is a monstrous crime in which a person gets cash, goods or information from another through threats, blackmailing or intimidation.

It is very vital for the victims of extortion to consult with the authorities and take measures for their protection because they often appear to be the unhappiest and most helpless people on earth. Extortion, a form of exploitation, is punishable by law.

The first thing to do when one wants to put an end to extortion is to act fast and strongly so that no other detriment does happen. In certain instances, too, legal advice may be necessary.

Frequently Asked Questions on  Extortion and Section 384 IPC

Q1. Is Section 384 of the IPC bailable or not?

Ans1. No. Section 384 IPC is a non-bailable offence. This means that bail is not automatically granted. It is at the discretion of the court to decide whether to grant bail to the accused, depending on the circumstances of the case.

Section 384 is classified as a cognisable offence. Meaning the police have the authority to arrest without a warrant and begin an investigation without the court’s permission.

Q2. What is CrPc under Section 384?

Ans2. CrPC Section 384 empowers the appellate court to dismiss an appeal without a hearing if it lacks sufficient grounds. However, the court must thoroughly examine the case records and document its reasons for the dismissal, ensuring a fair and transparent process.

Q3. What is Act 384?

Ans3. Section 384 of Indian Penal Code, 1860 deals with penalties for extortion: Both types of imprisonment are applicable to those who engage in extortion.

Q4. Which IPC is non-bailable?

Ans4. In non-bailable offences, the grant of bail is not a matter of right, and it is up to the discretion of the court to decide whether to grant bail, depending on the circumstances of the case.

Non-Bailable Offenses Under the Indian Penal Code (IPC) and Other Laws:

1. Section 121: Waging War Against the Government of India
2. Section 153A: Promoting Enmity Between Different Groups on Grounds of Religion, Race, Place of Birth, Residence, Language, etc., and Doing Acts Prejudicial to Maintenance of Harmony
3. Section 302: Punishment for Murder
4. Section 304: Punishment for Culpable Homicide Not Amounting to Murder
5. Section 307: Attempt to Murder
6. Section 326: Voluntarily Causing Grievous Hurt by Dangerous Weapons or Means
7. Section 376: Rape
8. Section 395: Dacoity (Robbery by a Group of Five or More People)
9. Section 396: Dacoity with Murder
10. Section 397: Robbery or Dacoity, with Attempt to Cause Death or Grievous Hurt
11. Section 399: Preparation to Commit Dacoity
12. Section 400: Belonging to a Gang of Dacoits
13. Section 401: Belonging to a Gang of Thieves
14. Section 409: Criminal Breach of Trust by Public Servant, Banker, Merchant, or Agent
15. Section 467: Forgery of Valuable Security, Will, etc.
16. Section 489A: Counterfeiting Currency Notes or Bank Notes

Non-Bailable Offenses Under Other Laws:

• Anti-Terrorism Legislation: Many offences under laws like the Unlawful Activities (Prevention) Act (UAPA) in India are also non-bailable.

These offences are considered non-bailable because of their severity, the potential threat they pose to society, and the need to ensure proper legal procedures are followed.

Q5. What is cheating in IPC?

Ans5. Cheating is defined under Section 415 of the Indian Penal Code (IPC). It involves deceiving a person to make them act in a way that causes harm or loss to that person or someone else or gain an unfair advantage for the person committing the act. It is a punishable offence and depending on the severity and nature of the act, the punishment may vary from a fine to imprisonment.

Q6. What is the difference between Section 384 and 385 IPC?

Ans6. Section 384 is about cases where someone successfully scares another person into giving them money, property, or something valuable. The crime is complete because the person has actually handed over what was asked for due to fear.

Section 385 is about trying to scare someone into giving money, property, or something valuable, but not succeeding. In these cases, the person might have been threatened or frightened, but they didn’t actually give anything away.

So, the main difference is that Section 384 involves a successful act of extortion, while Section 385 is about an unsuccessful attempt to do so.

Q7. What is the punishment for a blackmail case in India?

Ans7. The punishment for a blackmailing case in India, under Section 384 IPC, can be imprisonment for up to three years, a fine, or both, based on the case details.

Q8. What is Article 384?

Ans8. The Indian Constitution’s Article 384 gives the governor the authority to pardon, reprieve, respite, or remit punishment, as well as to suspend, remit, or commute the sentence of any individual found guilty of breaking any law pertaining to an issue pertaining to the state’s executive branch.

Q9. What is extortion in IPC?

Ans9. Anyone who knowingly instils fear in another person or in themselves, with the intent to deceive that person into giving up property, a valuable security, or anything sealed or signed that could be turned into a valuable security, is guilty of “extortion.”

Q10. What is the difference between theft and extortion under IPC?

Ans10. Nature: While extortion is a criminal against both human liberty and property rights, theft is a crime against property. Property Type: While extortion victims might give both movable and immovable properties to protect themselves from potential danger, theft victims only target movable properties.

Q11. What is the extortion rule?

Ans11. Sections 383 to 385: Extortion is defined as the dishonest acquisition of property by instilling fear in another person. It includes any criminal harm done to a person’s body, mind, reputation, or property. The maximum penalty for extortion is three years in prison.

Q12. What is Section 384 of the IPC?

Ans12. Any individual found guilty of extortion faces a maximum sentence of three years in prison of any kind, a fine, or both.

Q13. What is the difference between armed robbery and extortion?

Ans13. Extortion is the process of getting property or assets from someone you don’t want to give them by threatening to hurt them in the future, whereas robbery is stealing something from someone you don’t want them use force or intimidation.

Q14. What are the main elements required to prove extortion under IPC 384?

Ans14. To prove extortion under IPC 384, it must be shown that the accused intentionally put the victim in fear of injury and used this fear to obtain property or valuable security from the victim unlawfully.

Q15. How does the law differentiate between blackmail and extortion?

Ans15. Blackmail is a form of extortion where the threat is to expose damaging information about the victim unless a demand is met. Extortion, in general, involves obtaining property through various forms of threats or coercion.

Q16. What should a victim of extortion do immediately after being threatened?

Ans16. A victim of extortion should document all threats, avoid engaging with the extortionist, and report the matter to the police as soon as possible. They should provide any evidence collected, such as recorded conversations or written threats.

Q17. What kind of evidence is typically required to prove an extortion case?

Ans17. Evidence for an extortion case can include recorded conversations, written threats, witness statements, and any other documentation showing the demands made by the extortionist and the fear induced in the victim.

Q18. Are there any defences available to someone accused of extortion under Section 384 IPC?

Ans18. Defences to extortion charges may include lack of intent, absence of fear or coercion and proving that the property or money was given voluntarily without any threat.

Q19. What role do law enforcement agencies play in preventing extortion?

Ans19. Law enforcement agencies prevent extortion by investigating complaints, arresting and prosecuting offenders, providing protection to victims and raising public awareness about the crime.

Q20. Can someone be charged under multiple sections of IPC for extortion-related activities?

Ans20. Yes, depending on the circumstances, an individual can be charged under multiple sections of the IPC if their actions involve other crimes in addition to extortion, such as assault or criminal intimidation.

Q21. What legal options are available to someone falsely accused of extortion?

Ans21. A person falsely accused of extortion can seek legal counsel, present evidence to prove their innocence, and file a defamation case against the accuser if the allegations are found to be baseless.

Q22. What is 384 IPC in Hindi?

Ans22. धारा 384 आईपीसी के तहत जबरन वसूली का अपराध आता है। इसमें किसी व्यक्ति को डराकर या धमकी देकर उसकी संपत्ति या पैसे लेने का अपराध शामिल है।

Q23. धारा 384 में जमानत के क्या नियम हैं?

Ans23. धारा 384 में जमानत नहीं मिलती है। यह एक गैर-जमानती अपराध है, जिसका मतलब है कि जमानत केवल अदालत के विवेक पर निर्भर करती है।

Q24. What does Sec 384 IPC entail?

Ans24. Sec 384 IPC entails the punishment for extortion, where an individual uses threats to force another person to deliver money, property, or anything of value.