In a simple words, extortion refers to an act whereby a person forces to transfer any property or valuable security under the fear of threat or an injury. Kidnapping from lawful guardianship, IPC Section 363. A Constitutional bench of the Supreme Court will deliver its verdict on Section 377 of the Indian Penal Code (IPC), which criminalises homosexuality, on Thursday. Absconding to avoid service of summons or other proceeding, IPC Section 173. IPC Section 467. This was held to be a case of dacoity and not robbery amounting to murder. In a nutshell it can be said that extortion is a means of forcing someone to transfer his or her valuables through force or threat to cause harm. Death caused by act done with intent to cause miscarriage, IPC Section 315. IPC Section 366. Cri.C No. Definition of “harbour” in sections 212, 216 and 216A, IPC Section 217. Punishment for assault or criminal force otherwise than on grave provocation, IPC Section 353. Being in possession of false weight or measure, IPC Section 267. ...from the offence of section 384, IPC passed by the learned, C.J.M Karimganj in G.R Case No. Using as genuine a Government stamp known to be a counterfeit, IPC Section 260. IPC Section 88. Receiving Property taken by war on depredation mention in Sections 125 and 126, IPC Section 128. Fraudulent use of false instrument for weighing, IPC Section 265. Transportation instead of imprisonment. Sending defamatory messages by e-mail Sec .499 IPC 31. IPC Section 466. Limit of punishment of offence made up of several offences, IPC Section 72. IPC Section 388. There should be peace and harmony in the society and every person has every right to live in the society without any fear or threat. 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 … Disobedience to order duly promulgated by public servant, IPC Section 189. Voluntarily causing grievous hurt, IPC Section 323. Public servant in judicial proceeding corruptly making report, etc., contrary to law, IPC Section 220. IPC Section 383. Falsification of accounts, IPC Section 480. Page 383 U. S. 814. unless there be a section which meets that view of the case." 1 and accused no. Under Indian law, Section 497 IPC makes adultery a criminal offence, and prescribes a punishment of imprisonment upto five years and fine. Making preparation to commit dacoity, IPC Section 400. (a) Section 241 includes within its coverage Fourteenth Amendment rights whether arising under the Equal Protection . Voluntarily causing grievous hurt to deter public servant from his duty, IPC Section 334. Making or selling instrument for counterfeiting Indian coin, IPC Section 235. Effect caused partly by act and partly by omission, IPC Section 37. Say for an example- when the accused abused the complainant in such a manner which involves the chastity of his mother or sister, such an act falls under the ambit of IPC section 504. Abettor present when offence is committed, IPC Section 115. Altering appearance of Indian coin with intent that it shall pass as coin of different description, IPC Section 250. Criminal breach of trust by public servant, or by banker, merchant or agent, IPC Section 411. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure, IPC Section 509. Without committing the robbery, it is not possible to commit dacoity. In this case, on November 27, 2004, an obscene video had been listed for sale on baazee.com ("Bazee"). Concealing design to commit offence punishable with imprisonment. IPC Section 99. Forgery of valuable security, will, etc. Punishment of abetment if person abetted does act with different intention from that of abettor, IPC Section 111. Assault or use of criminal force with intent to disrobe, IPC Section 355. Public servant concealing design to commit offence which it is his duty to prevent, IPC Section 120. Commutation of sentence of imprisonment for life, IPC Section 55A. The attempt to murder under section 307 IPC is a very interesting section, in the sense that it has lots of similarities with section 324 IPC, which deals with voluntarily causing hurt using dangerous weapons. Personating a public servant, IPC Section 171. IPC Section 176. Making or using documents resembling currency-notes or bank-notes, IPC Section 491. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be altered, IPC Section 255. Case Laws Analysis In the case of Rangaswamy v. State of Tamil Nadu, accused no. Attempt to commit suicide, IPC Section 313. Owner or occupier of land on which an unlawful assembly is held, IPC Section 155. Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment, IPC Section 65. Fouling water of public spring or reservoir, IPC Section 278. Clause, as in this case, or under the Due Process Clause, as in United States v. Price, post, p. 383 U. S. 787. UNDER SECTION _____ IPC, P.S.- _____. Section 387 of IPC states that, “whoever in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be also liable to fine”[9]. Using a false trade mark, IPC Section 481. Let’s analyse different sections of IPC which deal with different aspects of Extortion. Punishment for criminal intimidation, IPC Section 507. Punishment for murder by life-convict, IPC Section 304. A has committed extortion. of Police, Munnar, 2005 (2) KLT 269. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple, IPC Section 61. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material, IPC Section 477. Act of a person of unsound mind, IPC Section 85. House-trespass after preparation for hurt, assault or wrongful restraint, IPC Section 453. Negligent conduct with respect to pulling down or repairing buildings, IPC Section 289. The intention of the Legislature and the ratio of the case decided by the Court gave a clear indication that in order to convict a person under Section 306 IPC, mens rea is an indispensable ingredient. Hiring, or conniving at hiring, of persons to join unlawful assembly, IPC Section 151. Public servant negligently suffering such prisoner to escape, IPC Section 130. IPC Section 322. Having possession of instrument or material for counterfeiting Government stampssion of instrument or material for counterfeiting Government stamp, IPC Section 257. Punishment for voluntarily causing grievous hurt, IPC Section 326. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution, IPC Section 207. Using as genuine, forged or counterfeit currency-notes or bank-notes, IPC Section 489C. Section 383 IPC - 383. Criminal intimidation by an anonymous communication, IPC Section 508. The offence under section 147 of IPC is cognizable (the police has the authority to arrest the person without a warrant), bailable (bail is a matter of right) and non-compoundable (the Victim and the accused can not reach a compromise to settle the case, a full trial has to be conducted in the court). It had ruled that tendency to disturb public order was an essential element under Section 124A. Persons subject to certain Acts, IPC Section 140. This section deals with a deficiency of will due to weak intellect, and lays down the legal taste of responsibility in cases of alleged unsoundness of mind. IPC Section 126. IPC Section 365. Abetment of mutiny, if mutiny is committed in consequence thereof, IPC Section 133. CRIMINAL MISAPPROPRIATION: A DEEP ANALYSIS, Vikas Dubey Case: Petitioner sends rejoinder affidavit after UP police reply, https://blog.ipleaders.in/theft-extortion-ipc/, https://www.indiacode.nic.in/bitstream/123456789/4219/1/THE-INDIAN-PENAL-CODE-1860.pdf, https://legodesk.com/legopedia/section-384-ipc/, https://crlreview.in/extortion-indian-penal-code/, https://www.srdlawnotes.com/2017/05/extortion-offences-against-property.html, https://bnblegal.com/article/extortion-relevant-provisions-ipc/, Resolution to boycott the court of Justice Rajiv Gupta passed by Allahabad High Court Bar Association, Deep Sidhu remanded for 7 day police custody, PIL filed in Supreme Court of India asking arrest of Srilankan Naval Personals for killing Indian Fishermens, Andhra Pradesh High Court puts a stay order on the use of e-Watch App for reporting poll violations, Madras High Court held that any public project can’t be stopped on the basis of communal grounds. Punishment for using a false property mark, IPC Section 483. Punishment for lurking house-trespass or house-breaking by night, IPC Section 457. Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment, IPC Section 458. Conflict between the IPC and the IT Act: Case Law. Being hired to take part in an unlawful assembly or riot, IPC Section 160. When such right extends to causing any harm other than death, IPC Section 105. Omission to assist public servant when bound by law to give assistance, IPC Section 188. In this article we will see different aspects of extortion and punishment prescribed for each different types of extortions. 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, commits "extortion". Punishment of offences committed beyond, but which by law may be tried within, India. Dacoity is the broader part than that of robbery as all robberies comes under dacoity and not vice-versa. EXTORTION: SECTION 383 TO 389 UNDER IPC – Lawcutor. The law of unsoundness of mind or in other words, Section 84 of Indian Penal code needs or requires to be re visited in order to fix the loop holes in the law as per the changing time and needs of the society in order to prevent its misuse. Change ), You are commenting using your Twitter account. Taking gift to help to recover stolen property, etc. Punishment for undue influence or personation at an election, IPC Section 171G. Fine levied within six years, or during imprisonment- Death not to discharge property from liability, IPC Section 71. Enticing or taking away or detaining with criminal intent a married woman, IPC Chapter 20A – Of Cruelty By Husband Or Relatives Of Husband, IPC Section 498A. Sale, etc., or obscene books, etc, IPC Section 293. The word misappropriation is defined under Section 403 of Indian Penal Code,1860 which is defined as whoever; Dishonestly misappropriated for its use or another person at the instance of it. Dishonest or fraudulent removal or concealment of property, IPC Section 427. Dishonest misappropriation of property possessed by deceased person at the time of his death, IPC Section 405. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 40 of 2011 1 October 2020; Vinubhai Haribhai Malaviya v. State of … Punishment for wrongful Confinement, IPC Section 343. Counterfeiting Government stamp, IPC Section 256. Illegal payments in connection with an election, IPC Section 171I. Z signs and delivers the note. NOTES [1] Section 5.1 of the city of Warwick zoning ordinance states in pertinent part as follows: After this, the group had forcefully deprived the Muslim people of their cattle. Indian Penal Code defines the offence of extortion under section 383 and the punishment for the same offence is prescribed under Section 384 of IPC. Breach of contract of service during voyage or journey, IPC Section 492. Kidnapping or abducting child under ten years with intent to steal from its person, IPC Section 370A.Exploitation of a trafficked person, IPC Section 371. [August 21, 2015], Jeetu @ Jitendera & Ors. 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. Word, gesture or act intended to insult the modesty of a woman, IPC Section 510. It is NOT to be substituted for legal advice or taken as legal advice. Section 386[7] of IPC states that “whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”[8]. Offenders sentenced to transportation how dealt with until transported. In that case, the charge sheet was laid against him under Section 292, 294(b) and 506(1) of IPC. Adulteration of food or drink intended for sale, IPC Section 273. The code was drafted in … Rash driving or riding on a public way, IPC Section 280. Public servant unlawfully engaging in trade, IPC Section 169. Prev. Extortion. Robbery, or dacoity, with attempt to cause death or grievous hurt, IPC Section 398. MOST RESPECTFULLY SHOWETH:-1- That the petitioner belongs to a respectable family and he has clean antecedents. II SEM. As Karnataka considers ‘love jihad’ law, IPC Sec 366 already in use against interfaith marriages; As Karnataka considers ‘love jihad’ law, IPC Sec 366 already in use against interfaith marriages Forty-one cases filed under Section 366 over the last five years are currently pending trial in Bengaluru. The section explains that “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons shall be liable for that act in the same manner as if it were done by him alone." Negligent conduct with respect to machinery, IPC Section 288. Wrongful confinement to extort confession, or compel restoration of property, IPC Section 352. [3] ‘Section 384 of the Indian Penal Code: Extortion’, LEGO DESK, < https://legodesk.com/legopedia/section-384-ipc/ >, Accessed on June 19, 2020. IPC Section 342. Undue influence at elections, IPC Section 171D. I have, but I cannot offer it at this time, for the simple reason that there is an amendment to an amendment pending." Punishment for false evidence, IPC Section 194. Delivery of coin, possessed with knowledge that it is counterfeit, IPC Section 240. IPC Section 326A. Words referring to acts include illegal omissions, IPC Section 34. P. 383 U. S. 753. Section 494, Penal Code, 1860 (IPC S. 494) [Disclaimer: This note is for general information only. Intentional insult with intent to provoke breach of the peace, IPC Section 505. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine, IPC Section 475. Violation of condition of remission of punishment, IPC Section 228. IPC Section 59. The oofence under this Section 386 is cognizable, non-bailable, non-compoundable and triable by Magistrate of First Class. Mischief by injury to works of irrigation or by wrongfully diverting water, IPC Section 431. House-trespass in order to commit offence punishable with imprisonment for life, IPC Section 451. Extortion is a non-bailable offence and cannot be compounded. The definition of ‘Extortion’ is given under Section 383 of IPC. IPC Section 468. Criminal cases are not compoundable except in case of exceptions as per Section 320 Cr.PC of IPC UNIT-I GENERAL . 2. Punishment for making use of any such false mark, IPC Section 489. PDF | On Jan 1, 2019, Mukesh Yadav and others published Critical Analysis of Grievous Hurt Section 320, 326, IPC: A Case Law | Find, read and cite all the research you need on ResearchGate Buying minor for purposes of prostitution, etc. Assault or criminal force to deter public servant from discharge of his duty, IPC Section 354. Continuance of nuisance after injunction to discontinue, IPC Section 292. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture, IPC Section 219. Intercourse by person in authority, IPC Section 376DA. Refusing to sign statement, IPC Section 181. Section 174A of IPC has a mention of Section 82 of CrPC. INTRODUCTION Robbery and dacoity both are the offences of criminal law, and both are mention under the Indian Penal Code. ...Palanpur in Sessions Case No. This section reads the punishment for extortion as “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”. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint, IPC Section 456. Import or export of counterfeits of the India coin, IPC Section 239. The contentions raised by the accused was that these provisions are not attracted in this case. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. Abetment of offence punishable with imprisonment-if offence be not committed, IPC Section 117. 4. 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