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 favor. 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.

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: Victims of extortion 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 trust 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: If extortion is allowed to flourish, it 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 the willingness of people to engage in legitimate business activities.

    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, which 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, and these are the matters related to legal consultation. 

Explanation of Section 384 IPC?

Section 384 of the IPC (Indian Penal Code) is the section that 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 discretion of the judge.

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

Kinds of Extortion under Section 384 IPC 

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 favorable 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.

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 in some cases might be required. 

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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