Extortion | LEgoz-X

Under Section 308 of Bhartiya Nyay Sanhita 2023 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.

Example: A publish defamatory libel concerning Z.Unless Z gives money.Induces Z to give money. A committed extortion.

Punishments u/s 308

1) Committing Extortion:Imprisonment upto 7 years/fine/both.

2)Attempt to put in fear of injury:Imprisonment upto 2 years/fine/both.

3)Attempt of Grievous Hurt:Imprisonment upto 7 years/fine/both

4)Attempt to put in fear of death or Grievous Hurt :Imprisonment upto 10 years/fine/both

5)Attempt with any offenece punishable with death life or imprisonment or imprisonment of 10 years :Imprisonment upto 10 years/fine/both

Case Law:

R.S. Nayak vs A.R. Antulay: The CM of Maharashtra was accused of extortion for sugar cooperative donations. The court held it was not extortion as the cooperatives were not put in fear.