![]() ![]() The extortionate threat required must be serious enough to place a reasonable person in fear. The nature of the threatened harm varies by jurisdiction, and it can include bodily harm, damage to property, damage to reputation, criminal accusations, or abuse of a public office. Generally, extortion statutes require that a threat must be made to the person or property of the victim. Common law jurisdictions also refer to a second type of extortion, extortion "under colour of office" or "under colour of official right", which is the wrongful taking by a public officer of money or property that is not due to him/her, whether or not the taking was accomplished by force, threats, or use of fear.īesides some exceptions, such as in the case of extortion "under colour of office" or "under colour of official right", the act required for extortion is the threat of future harm. Such coercive extortion is synonymous with the term blackmail, which is an older term used to indicate extortion. ![]() ![]() Theft is limited to cases involving movable property.Extortion consists of obtaining property from another through the wrongful use of actual or threatened force, violence or fear. Extortion has a broader definition because it applies to any type of property, valuable security, or anything that could be transformed into valuable security.Extortion involves the use of force since the property is taken by putting a person in fear of harm to themselves or others.The objective of theft is to take property without the owner's permission. Consent is sought in extortion by placing the person in possession of the property in fear of harm to himself or others.It is a cognizable and non-bailable offense. 'A' has been charged with extortion.Ģ) Put any individual in fear of injuring or harming himģ) To provide to him any valuable security or property, as well as any document or other item that can be converted into a valuable security.Ĥ) Anyone who performs such an act is guilty of extortion under sections 383 and 384 of the Indian Penal Code.Įxtortion is punishable by up to three years in prison or a fine, or both, depending on the severity of the offense. 'A' threatens 'B' that unless 'A' pays him a particular amount of money, he will keep 'A's child in wrongful detention.Here, A has used fear to extort money from B. A warns B that if he doesn't pay him money, A will publish a defamatory remark about him, ruining B's career. Section 383 of The Indian Penal Code states that 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”.Įxtortion is illegal in India, and it is punishable under Section 384 of the Indian penal code. Theft is punishable by either imprisonment of any sort for a time up to three years, a fine, or both. In order to constitute theft under IPC, the following conditions must exist:ġ) The offender must have a dishonest intention to take propertyĢ) The property must always be a movable property and not immovableģ) The offender must take the property out of the other person’s possession without consentĤ) The offender must move the property to complete its taking. If shikar steals Rs 500 from your wallet when you were not in the room, then it is an act of theft.In addition, under Section 379 of the IPC, the punishment for committing an act of theft has been outlined Whoever intends to take dishonestly any moveable item out of a person's possession without that person's (express or inferred) consent and moves that property in order to do so is said to be committing theft. The offense of theft is defined as follows : Sections 378 to 382 of the Penal Code address theft. This taking must always be without the concerned person’s consent. Theft and extortion are classified as offenses against property in Chapter XVII of the Indian Penal Code (hereafter, The Act).Īccording to section 378 of The Indian Penal Code, theft is when someone steals a movable property out of your possession with the intention of stealing it from you. Both of these offenses are distinct from one another. INTRODUCTION- The definitions and punishments of theft are extensively explained in Sections 378, 379, 383, and 384, and extortion falls in between theft and robbery. ![]()
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