Everything About Extortion and Section 384 IPC

by  Adv. Rupa K.N  

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Section 384 IPC

Introduction

Extortion is a criminal act in which someone threatens to harm someone else, their reputation, or their property unless a demand is met. This demand is typically for money, but it can also be for other things, such as information or a favour.

Extortion is often carried out by means of threats, coercion, or psychological pressure, and it is considered a serious crime that can result in imprisonment and other penalties as per section 384 IPC.

FieldDetails
IPC Section384
ChapterXVII
DescriptionWhoever 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.
Classification u/schedule 1 CrPCOffence
OffenceExtortion
Punishment3 Years or Fine or Both
CognizanceCognizable
BailNon-Bailable
Triable ByAny Magistrate
Composition u/s 320 CrPCOffence is NOT listed under Compoundable Offences

What are the effects of crime under Section 384 IPC?

The effects of extortion can be far-reaching and can have a significant impact on the victim, as well as on society as a whole. Some of the effects of extortion include, as per section 384 IPC:

  1. Psychological Harm: The fear and stress caused by extortion can take a significant toll on the victim’s mental and emotional well-being.
  2. Financial Harm: Extortion victims may be forced to pay large sums of money or risk losing their property, which can lead to financial hardship.
  3. Loss of Trust: Extortion can damage the victim’s relationships and cause a loss of confidence in others.
  4. Damage to Reputation: Threats to harm someone’s reputation can have a lasting impact on their public image and personal relationships.
  5. Decreased Social Stability: Extortion can lead to a decrease in social stability, as people become afraid to report crimes or cooperate with authorities.
  6. Widespread Corruption: Extortion, if allowed to flourish, can create an environment of corruption and undermine the rule of law.
  7. Deterrent Effect: The threat of extortion can have a deterrent effect on potential victims and can reduce people’s willingness to engage in legitimate business activities.

People Also Read: 323 IPC in Hindi

Want to know everything about extortion and Section 384 IPC? Consult our experts

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

Extortion is illegal in India because it violates the basic principles of justice and fairness, and it poses a threat to individual and societal well-being. 

The Indian Penal Code (IPC) specifically prohibits extortion in Section 383. This section states that anyone who intentionally puts another person in fear of injury or harm to their property in order to obtain property from them is guilty of extortion, as per Section 384 IPC.

What is Extortion under Section 384 IPC?

Extortion undermines the stability of society and the rule of law. It creates an environment of fear and mistrust and can discourage people from reporting crimes or cooperating with authorities. 

By making extortion illegal, the Indian government seeks to protect the rights and well-being of its citizens, maintain social stability, and preserve the rule of law as per section 384 IPC, which concerns legal consultation. 

Explanation of Section 384 IPC or Extortion IPC?

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

According to section 384 IPC, whoever commits or does extortion shall be punished or will be held with imprisonment of either description for a term which may extend to three years, or with a fine, or with both, and also as per the facts of the cases as per section 384 IPC.

In other words, if someone is found guilty of extortion, they can face a jail sentence of up to three years, a fine, or both. The specific punishment will depend on the circumstances of the case and the judge’s discretion.

Consult our experts to understand the legal provisions, implications, and penalties associated with extortion in India

Kinds of Extortion under IPC 384

Under the Indian Penal Code (IPC), extortion is defined as the act of forcing someone to do something against their will, typically by threatening to cause harm, injury, damage, or mischief.

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

  • Threatening to harm someone physically or financially if they do not pay money.
  • Threatening to reveal embarrassing or damaging information about someone if they do not comply with your demands.
  • Threatening to damage someone’s property or reputation if they do not comply with your demands.
  • Using fear or intimidation to force someone to hand over their property or assets as per section 384 IPC.
  • Threatening to file false criminal charges against someone if they do not comply with your demands.
  • It’s important to note that these actions, if proven, can result in serious legal consequences, including imprisonment and fines, as per section 384 IPC.

What will be considered Extortion as per Section 384 IPC?

  • A person demands money from another person with a threat of physical harm or damage to property or threats to kidnap.
  • An individual threatens to reveal damaging information about someone unless they receive a large sum of money.
  • A public official demands bribes from a business in exchange for favourable treatment or to avoid penalties.
  • A hacker demands payment from a company to prevent the release of confidential information that was obtained illegally.
  • A person demands payment from another individual for not carrying out a threat, such as falsely reporting a crime or damaging their reputation.

Get online legal guidance on everything about extortion and Section 384 IPC from our experts

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

  • Stay calm and try not to engage with the extortionist as per section 384 IPC.
  • Document any threats or demands made against you, including dates, times, and details of the interaction.
  • Report the extortion to the police as soon as possible. Provide them with any evidence you have collected, including any recorded conversations or written threats.
  • Consider getting a restraining order to prevent further contact with the extortionist as per section 384 IPC.
  • If you are feeling overwhelmed, reach out to friends, family, or a mental health professional for support.

It’s important to take threats of extortion seriously and seek help from law enforcement. The quicker you act, the greater the chance of stopping the extortion and protecting yourself, as per section 384 IPC.

If someone engages in blackmail, it typically falls under the category of extortion and is covered under IPC Sections 383 and 384.

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 

Extortion, as per section 384 IPC, is a serious crime in which an individual uses threats, intimidation, or blackmail to obtain money, property, or information from another person.

Victims of extortion may feel scared and helpless, but it is important to seek help from the authorities and take steps to protect themselves. Extortion is a form of exploitation, and it is illegal. 

It is important to act quickly and decisively to put a stop to extortion and prevent further harm. Also, legal advice might be required in some cases. 

FAQs on Section 384 IPC

Q1. What is the definition of extortion under Section 384 IPC? Ans1. Extortion under Section 384 IPC is defined as the act of intentionally putting a person in fear of injury to compel them to deliver property or valuable security.

Q2. What are the main elements required to prove extortion under IPC 384?
Ans2. 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.

Q3. What is the difference between extortion and robbery under the IPC?
Ans3. The main difference is that extortion involves putting a person in fear of injury to obtain property, while robbery involves theft with the use of violence or threat of violence.

Q4. How does the law differentiate between blackmail and extortion?
Ans4. 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.

Q5. Can extortion charges be compounded under Section 384 IPC? Ans5. No, extortion charges under Section 384 IPC are not compoundable. This means that the case cannot be settled privately between the parties and must be addressed through the legal system.

Q6. What should a victim of extortion do immediately after being threatened?
Ans6. 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.

Q7. What kind of evidence is typically required to prove an extortion case?
Ans7. 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.

Q8. How does Section 384 IPC protect individuals from extortion? Ans8. Section 384 IPC provides legal recourse for victims of extortion by criminalizing the act and prescribing penalties, including imprisonment and fines, for those found guilty of committing extortion.

Q9. Are there any defences available to someone accused of extortion under Section 384 IPC?
Ans9. 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.

Q10. How does extortion impact society at large?
Ans10. Extortion impacts society by undermining trust, causing financial and psychological harm to victims, promoting corruption, and creating an environment of fear and instability.

Q11. What role do law enforcement agencies play in preventing extortion?
Ans11. Law enforcement agencies prevent extortion by investigating complaints, arresting and prosecuting offenders, providing protection to victims, and raising public awareness about the crime.

Q12. Can someone be charged under multiple sections of IPC for extortion-related activities?
Ans12. 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.

Q13. What legal options are available to someone falsely accused of extortion?
Ans13. 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.

Q14. What is the extortion IPC?
Ans14. The extortion IPC refers to Section 384 of the Indian Penal Code, which deals with the punishment for extortion. It defines extortion as a crime where someone forces another person to hand over property or money through threats or coercion.

Q15. What is 384 IPC in Hindi?
Ans15. 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।

Q16. What does IPC 384 cover?
Ans16. IPC 384 covers the crime of extortion, stating that anyone who commits extortion shall be punished with imprisonment which may extend to three years, or with a fine, or with both.

Q17. Is 384 IPC bailable or not?
Ans17. 384 IPC is a non-bailable offence. This means that bail is not granted as a matter of right and the decision to grant bail is at the court’s discretion.

Q18. Which section of IPC deals with blackmail?
Ans18. Blackmail falls under the extortion IPC, specifically Section 384. It involves using threats to force someone to act against their will, often to hand over money or property.

Q19. What is the punishment under the blackmail section of IPC? Ans19. The punishment under the blackmail section of IPC, as per Section 384, can extend to imprisonment for up to three years, a fine, or both.

Q20. धारा 384 में जमानत के क्या नियम हैं?
Ans20. 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।

Q21. What is the extortion section in IPC?
Ans21. The extortion section in IPC is Section 384, which specifies the punishment for extortion crimes involving threats or coercion to obtain property or money.

Q22. What is the 384 IPC punishment?
Ans22. The punishment under 384 IPC includes imprisonment for a term that may extend to three years, a fine, or both, depending on the severity and circumstances of the crime.

Q23. What are the consequences under the blackmailing section of IPC?
Ans23. Under the blackmailing section of IPC, specifically Section 384, the consequences can include imprisonment for up to three years, a fine, or both, depending on the case’s specifics.

Q24. धारा 384 क्या है?
Ans24. धारा 384 आईपीसी के तहत किसी व्यक्ति को डराकर या धमकी देकर उसकी संपत्ति या पैसे लेने का अपराध आता है। इसके लिए तीन साल तक की सजा या जुर्माना या दोनों हो सकते हैं।

Q25. What does Sec 384 IPC entail?
Ans25. 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.

Q26. What is the punishment for a blackmailing case in India? Ans26. 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.

Q37. पैसे न देने पर कौन सी धारा लगती है?
Ans37. पैसे न देने पर अगर किसी व्यक्ति को धमकी दी जाती है या डराया जाता है, तो यह मामला धारा 384 आईपीसी के तहत आता है। इसमें जबरन वसूली का अपराध होता है।

Q38. What is IPC Section 384?
Ans38. IPC Section 384 deals with the crime of extortion. It states that anyone who commits extortion shall be punished with imprisonment which may extend to three years, or with a fine, or with both.

Q39. Is IPC 384 bailable or not?
Ans39. IPC 384 is a non-bailable offence. This means that bail is not granted as a matter of right and the decision to grant bail is at the court’s discretion.

Q40. धारा 384 कब लगती है?
Ans40. धारा 384 तब लगती है जब कोई व्यक्ति किसी अन्य व्यक्ति को डराकर, धमकाकर या नुकसान पहुंचाने की धमकी देकर उससे संपत्ति या पैसे लेने का प्रयास करता है।

Q41. What is the section for blackmail?
Ans41. The section for blackmail under the Indian Penal Code is Section 384, which deals with extortion. Blackmail involves using threats to force someone to hand over money or property.

Q42. What is extortion money?
Ans42. Extortion money is money obtained through threats, coercion, or intimidation. Under IPC Section 384, extortion is defined as forcing someone to deliver property or money by putting them in fear of injury.

Extortion is a type of exploitation of someone's life and liberty. In the Indian Penal code, it has been punished. In case of Extortion, please take legal consultation.

Adv. Rupa K.N

Adv. Rupa K.N

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Advocate Rupa K.N, with over 24 years of independent practice, specialises in providing legal expertise, advice and guidance to a broad range of customers. Having been practising law independently for several years after doing her B.A. LLB from Bangalore University and PGDM from the National Institute of Personnel Management.

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