TABLE OF CONTENTS

Chapterization Page No.

Disclaimer..............................................................................................2
Acknowledgement...................................3

Chapters

I. Chapter 1 Introduction................................................................................................4

Brief introduction of the research project

Research Methodology

Scheme of Chapterization

II. Chapter 2 What is Extortion?....................................................................................6

III. Chapter 3 Section Which deals with Extortion.......................................................9

IV. Chapter 4 Cases.......................................................................................................12

V. Chapter 5 Conclusion..........................................................14

VI. Bibliography................................................................................................................15

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Disclaimer

This project report has been prepared by the author as a student of 3rd year under the five
year BBA.LL.B (H) Program in the MATS Law School for academic purposes only. The
views expressed in this report are personal to the student and do not reflect the view of
commission or any another person, law school or any of its staff or personnel. Any for
academically publishing of this article then it must be authority from the respective law
school in any manner. This report is the International Law and Regulation of Refugees and
the same or any part thereof may not be used in any manner whatsoever, without express
permission of the MATS Law School in writing.

Divyansh Sharma

MU13BBALLB09

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 ACKNOWLEDGEMENT

I feel highly elated to work on this dynamic and highly important topic that is A
Brief Study on Extortion. This topic instantly drew my attention and attracted me to
research on it.
I am fortunate to be provided with an opportunity to write my paper under the kind
supervision of Mr. Pankaj Umbarkar (Asst. Prof., MATS Law School) and I am thankful to
her for providing me with the appropriate guidance while writing the paper.
This paper would not have been possible without her valuable inputs, honest remarks
and earnest effort to guide me throughout the drafting of the paper. I would like to extend my
sincere thank to her for giving me her valuable time to view my research from her busy
schedule.
I am highly indebted to the library staff to help me find the relevant books and
journals, and other officials and office staffs, who have also extended their help whenever
needed.
I would like to extend my sincere thanks to my friends and for their review and honest
remarks.

So, I hope I have tried my level best to bring in new ideas and thoughts regarding the
basics of this topic. Not to forget my deep sense of regard and gratitude to my faculty adviser,
Mr. Pankaj Umbarkar who played the role of a protagonist. Last but not the least; I thank all
the members of the MATS Law School and all others who have helped me in making this
project a success.

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CHAPTER - I

INTRODUCTION

Extortion is the crime of obtaining money or property by threat to a victim's property or loved
ones, intimidation, or false claim of a right. It is defined under section 383 of Indian Penal
Code. It is dealt from section- 383 to section 389. Extortion is a felony in all states. Blackmail
is a form of extortion in which the threat is to expose embarrassing and damaging
information to family, friends, or the public. Inherent in this common form of extortion is the
threat to expose the details of someone's private lives to the public unless money is
exchanged. Extortion can take place over the telephone, via mail, text, email or other
computer or wireless communication. If any method of interstate commerce is used in the
extortion, it can be a federal crime.

Virtually all extortion statutes require that a threat must be made to the person or property of
the victim. Threats to harm the victim's friends or relatives may also be included. It is not
necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse
another person of a crime or to expose a secret that would result in public embarrassment or
ridicule. The threat does not have to relate to an unlawful act.

Research Methodology:-

The doctrinal method of research has been used, which involve collection of data
from both primary and secondary sources. The researcher has relied on primary sources like
International Charters, resolutions of the international bodies and committees related thereto
and Secondary sources like books written by various eminent authors and articles found in
the journals and websites, e-journals. Use of internet also became very relevant to find out the
most updated, relevant and apt information which helped me in exploring the subject from
various dimensions.

Scheme of Chapterization

The complete project is divided into six chapters. The first chapter is an introduction to the
research project. The second focuses on Legal Frame Work. The third one is the study on

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Extortion under IPC. The fourth chapter deals with Cases related to the topic And the last
chapter deals with the Conclusion.

NATURE AND KIND OF RESEARCH

The doctrinal research methodology would be used in analysing the Natural resource
accounting and to see its international prospective.

Limitation of the study: The research has been completed in approx. 1 week

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CHAPTER II
What is Extortion?
Extortion (also called shakedown, outwrestling, and exaction) is a criminal offense of
obtaining money, property, or services from a person, entity, individual or institution,
through coercion. It is sometimes euphemistically referred to as a "protection racket" since
the racketeers often phrase their demands as payment for "protection" from (real or
hypothetical) threats from unspecified other parties. Extortion is commonly practiced
by organized crime groups. The actual obtainment of money or property is not required to
commit the offense. Making a threat of violence which refers to a requirement of a payment
of money or property to halt future violence is sufficient to commit the offense. Exaction
refers not only to extortion or the demanding and obtaining of something through force,[1] but
additionally, in its formal definition, means the infliction of something such as pain and
suffering or making somebody endure something unpleasant.

Extortion is distinguished from robbery. In robbery, whether armed or not, the offender takes
property from the victim by the immediate use of force or fear that force will be immediately
used (as in the classic line, "Your money or your life.") Extortion, which is not limited to the
taking of property, involves the verbal or written instillation of fear that something will
happen to the victim if they do not comply with the extortionist's will. Another key
distinction is that extortion always involves a verbal or written threat, whereas robbery does
not. In United States federal law, extortion can be committed with or without the use of force
and with or without the use of a weapon.

In blackmail, which always involves extortion, the extortionist threatens to reveal information
about a victim or their family members that is potentially embarrassing, socially damaging, or
incriminating unless a demand for money, property, or services is met.

The term extortion is often used metaphorically to refer to usury or to price-gouging, though
neither is legally considered extortion. It is also often used loosely to refer to everyday
situations where one person feels indebted against their will, to another, in order to receive an
essential service or avoid legal consequences.

Neither extortion nor blackmail requires a threat of a criminal act, such as violence, merely a
threat used to elicit actions, money, or property from the object of the extortion. Such threats

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include the filing of reports (true or not) of criminal behavior to the police, revelation of
damaging facts

Extortion is a crime in which one person forces another person to do something against his
will, generally to give up money or other property, by threat of violence, property damage,
damage to the persons reputation, or extreme financial hardship. Extortion involves the
victims consent to the crime, but that consent is obtained illegally.

Examples of Extortion

A classic example of extortion is the protection scheme where figures with ties to
organized crime demand that shop owners pay for their protection to prevent something bad
(such as an assault on the shopkeeper or damage to his or her store or goods) from
happening. Many states also consider blackmail, where a victim is forced to pay someone to
prevent them from releasing information that could damage their reputation or their business,
to be a form of extortion.
Typically, as in those examples, extortion involves threats of future violence or harm rather
than immediate violence or harm, but extortion can involve immediate violence. For
example, it would still be extortion if the offenders in the above example assaulted the
shopkeeper to force him to pay them the required protection money instead of threatening to
do so in the future. In such cases, extortion becomes very similar to robbery.

Differences Between Extortion and Robbery

One distinction between extortion and robbery is that extortion requires that the offender
make a verbal or written threat, while robbery does not. Since extortion rarely involves
immediate harm, however, the crimes typically can be distinguished because a robber uses
immediate threats and force to steal the victims property, while in extortion, the victim
willingly hands over his money or personal property in order to avoid future damage
or violence.

Understanding the Degrees of Extortion

All fifty states have varying laws regarding extortion, with most states classifying it as a
felony. Some states charge the crime as a theft offense, while others call it attempted

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extortion, extortion in the first degree, or extortion in the second degree. In the few
states that split extortion into degrees, extortion in the first degree usually involves threats of
bodily harm or physical confinement, while extortion in the second degree applies to
threatening to accuse a person of a crime or to expose a secret.

Penalties for Extortion

Penalties for extortion vary widely in different states and depend on the severity of the threats
involved, but sentences generally range between 2 to 4 years. However, many states allow for
sentences of 5, 10, or even 20 years. If any instrument of interstate commerce (such as the
mail, a phone, or a computer) is used in commission of the crime, it also becomes a federal
crime with a fine or sentence of up to 20 years.

Proving Extortion
The specific elements required to prove extortion differ between states, but the general
requirements are that the offender maliciously (not mistakenly) make a verbal, written or
printed threat with the intent to extort something from the victim or to compel the victim to
do something against his or her will. Generally, it is irrelevant whether or not the offender
actually succeeds in the attempted extortion. Once the threat is made, the offender has
committed extortion. In some jurisdictions, and under the federal extortion definition, the
victim does not even have to hear or receive the threat in order for the offender to be charged
with extortion.

Extortion does not usually require that the offender threaten to commit a criminal act as long
as the threat attempts to obtain money, property, or to force the victim to act against their
will. For example, a threat to bring criminal charges or file a police report unless money is
paid is still extortion, even though the offender may have every right to file a police report.
By coupling the legal act with the illegal act of demanding payment to not act, the offender
has committed extortion. Note, however, that a threat to file a civil lawsuit typically is not
considered extortion even if that lawsuit is frivolous.

The threat also does not have to be directed at the victim. It is still extortion if the threat is
directed towards the victims family or if it threatens to release information about some third
party the victim seeks to protect

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CHAPTER-III

Sections in IPC which deals with Extortion: Section- 383-389

Section-383 Extortion

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".

Illustrations

(a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus
induces Z to give him money. A has committed extortion.

(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and
deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the
note. A has committed extortion.

(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B
bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing
and deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a
blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so
signed may be converted into a valuable security. A has committed extortion.

Section384 - Punishment for Extortion

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.

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Section 385 - Putting person in fear of injury in order to
commit extortion

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put
any person in fear, of any injury, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

Section 386 - Extortion by putting a person in fear of death or

grievous hurt

Whoever commits extortion by putting any person in fear of death or of grievous hurt o 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.

Section 387 - Putting person in fear of death or of grievous

hurt, in order to commit extortion fear of death or grievous
hurt

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 liable to
fine.

Section 388 - Extortion by threat of accusation of an offence

punishable with death or imprisonment for life, etc.

Whoever commits extortion by putting any person in fear of an accusation against that person
or any other, of having committed or attempted to commit any offence punished with death,

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or with *[imprisonment for life], or with imprisonment for a term which may extend to ten
years or of having attempted to induce any other person to commit such offence, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine; and, if the offence be one punished under section 377 of this
Code, may be punished with *[imprisonment for life].

Section 389 - Putting person in fear of accusation of offence,

in order to commit extortion

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of
an accusation, against that person or any other, of having committed, or attempted to commit
an offence punished with death or with *[imprisonment for life], or with imprisonment for a
term which may extend to ten years, shall be punished with imprisonment of either
description for term which may extend to ten years, and shall also be liable to fine; and, if the
offence be punished under section 377 of this Code, may be punished with *[imprisonment
for life].

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CHAPTER - IV

Cases:

Bhagat Ram vs State Of Rajasthan on 31 January, 1972

Bhagat Ram during the year 1962 was posted as circle ins- pector of police at Ganganagar.
Ancestral village of Bhagat Ram is Mehna in Tehsil Moga, District Ferozepur. Ram Swaroop
also belongs to that village. Both Bhagat Ram and Ram Swaroop were tried in the court of
special judge, Ganga- nagar for offenses under section 120B IPC for conspiring to ,extort
bribe of Rs. 2,000 from P W I Niranjan Dass of Moga. Charges were also framed against
Bhagat Ram for offenses under sections 161, 218, 347 and 389 Indian Penal Code as also
section 5 (1) (a) read with section 5 (2) of Prevention of Corruption Act. Additional charge
under section 165A Indian Penal Code was framed against Ram Swaroop. Both Bhagat Ram
and Ram Swaroop were acquitted by the special judge, Ganganagar in respect of all the
charges. The State of Rajasthan filed an appeal against the acquittal of the two accused. The
appeal was heard by a Division Bench consisting of Tyagi and Lodha, T.T.

Chelloor Mankkal Narayan ... vs State Of Travancore-Cochin on

10 November, 1952

JUDGMENT AIR 1953 SC 478 B.K. Mukherjea, J.

1. This appeal, which has come before us on special leave, is directed against a judgment of
the High Court of Travancore-Cochin dated July 16, 1951 passed in Criminal Appeal No. 194
of 1950, by which the learned Judges set aside an order of acquittal, made in favour of the
appellant by the Special Magistrate, Trichur, in C. C. No. 1 of 1125 M.E. and converting it
into one of conviction under Section 389, indian Penal Code (corresponding to Section 409,
Indian Penal Code) sentenced him to undergo rigorous imprisonment for a period of one year
and pay a fine of Rs. 1,000; in default of payment of fine, he was to suffer rigorous
imprisonment for a further term of four months.

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The charges were under the sections of the Cochin Penal Code relating to acceptance of
illegal gratification (Section 147 corresponding to Section 161, Indian Penal Code) and
criminal breach of trust (Section 389 corresponding to Section 409, Indian Penal Code) and
also for abetment of and entering into conspiracy for commission of these offences.

Pankaj Malhotra vs . State & Others. on 9 July, 2014

In the present criminal revision petition, the revisionist had taken the ground that the ld. Trial
Court failed to appreciate that the complaint of the revisionist herein specifically disclosed
the commission of all the aforesaid offences and out of which Section 389 IPC was
cognizable and in cases of such a nature, thorough investigation by the police is required to
find out the modus operandi of the offences committed by the accused persons. It was also
urged that once the complaint disclosed the commission of cognizable offences, the police
has no power to refuse the registration of FIR. It is also the case of the revisionist that even if
the said information did not furnish all the details, it was the duty of the police to find out the
same during investigation and to collect all necessary evidences. It was also contended that
the revisionist inter alia wanted the police to discover the previous and subsequent conduct of
the respondents no. 2 to 5 so as to procure evidence to prove their common intention and
conspiracy, as the revisionist himself may not be able to produce the same before the Court. It
was also stated that the police had filed the status report on the basis of reply given by the
respondents no. 2 to 5

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