hExtortion is a serious offense in both the Indian Penal Code (IPC) and the New Indian Penal Code (BNS). The provisions of this section in BNSS have been made even more stringent, however, the police department will have to make proper efforts to train its officers to ensure that this provision is not misused, such cases are mostly handled by the builder. Are related.
Legal Provisions: Under the Indian Judicial Code (BNS), the definition of extortion is similar but is more clear and structured. The objective of BNS is to take action against real criminals and provide protection to innocents.
Extortion Sections 383 to 389 in IPC have been inserted in Indian Justice Code, 2023 Sections 308(1) to 308(7)-
Section 308: Offenses and punishment for extortion – Section 308 (1): Whoever knowingly puts any person in fear of any harm to his person or the person of another, and thereby forces that person to receive any thing, valuable security, or the like Fraudulent inducement to give any thing which can be converted into valuable security will now be considered within the definition of extortion which falls in a serious category.
Example: A threatens Z that if Z does not pay him money, he will publish defamatory falsehoods about Z. If A thus induces Z to pay money, A will be considered to have committed extortion.
Section 308(2) to 308(7): Section 308(2) :
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both, provided that evidence supporting the delivery of property has been obtained by the police.
Section 308 (3):
Whoever, in order to commit extortion, puts any person in fear of any harm, or attempts to put any person in fear, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 308 (4):
Whoever, for the purpose of extortion, causes any person to fear death or grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and with fine.
Section 308 (5):
Whoever makes extortion and puts any person in fear of death or grievous hurt shall be punished with imprisonment of either description for a term which may extend to ten years and with fine.
Section 308 (6):
Whoever, for the purpose of extortion, puts any person in fear that a charge will be laid against him or any other person which would result in death, imprisonment for life, or imprisonment for a term exceeding ten years , he shall be punished with imprisonment for a term which may extend to ten years and with fine.
Section 308 (7):
Whoever commits extortion and puts any person in fear that a charge will be brought against him or any other person punishable with death, imprisonment for life, or imprisonment for a term exceeding ten years, shall be punished with imprisonment of either description for a term which may extend to ten years. Will be punished with imprisonment and fine.
In the above sections 308 (2), 308 (5), 308 (7), it is mandatory to transfer property, otherwise these sections of rigorous imprisonment cannot be imposed in the FIR.
Essential elements of extortion:-
The following essential elements must be present before the police or the complainant can file a complaint of extortion: The following elements must be proved for an offense to be considered extortion:
1. Fear of harm: The accused must have intentionally put the victim in fear of some kind of harm. 2. Transfer of property: Transfer of property or valuables due to fear.
3. Intent: The accused must have the intention to obtain unfair advantage.
If any of these elements are not present, an extortion case cannot be legally registered and even if registered, the victim can approach the police department or court against the complainant and the officer who filed the false FIR. FIR can be canceled.
Misuse in FIR:-
Despite clear provisions, extortion sections in FIRs are often misused.
Important information about IPC Section 384 and 385 (BNSS 308 (1) 308 (2)-
Section 384 (IPC):
It punishes the crime of extortion. However, this applies only when the property has been given under threat. This means that the transfer of property itself completes the offence.
Section 385 (IPC):
If someone merely makes a threat, but the property is not given, the crime is considered an attempt. The offense in this case falls under Section 385, which only charges intimidation, and is a bailable offence.
Vigilance complaint:
If in any case Section 384 is deliberately added in place of Section 385, so as to make the offense nonbailable and give rise to arrest, it would be a serious abuse of the judicial process. In such a situation, the victim can file a complaint with Vigilance, alleging that the accused has deliberately exaggerated the offense of intimidation and tried to extort money from him through arrest or giving a favorable statement. Is.
Legal protection against abuse:
Court Inquiry: Courts examine the FIR and the evidence. If the essential elements of extortion are absent, the FIR can be quashed under Section 482 of the Code of Criminal Procedure (CrPC).
Guidelines for Police: Officers should be given proper training to understand the legal elements of crimes. Monitoring of FIRs should be ensured by senior officers.
Complaint on false cases: Persons who have been falsely accused can file a complaint under section 248 of the BNSS (section 211 of the IPC).
Accountability Mechanism: An internal inquiry may be conducted into the misconduct of officials. Victims of malicious prosecution may also receive compensation. The Supreme Court, in Haji Iqbal @ Bala Through SPOA vs State of UP (FIR No. 1752022), quashed the FIR on August 8, 2023. The court took this decision because the state had accepted that the accused's inlaws were criminals and the accused himself was also a criminal.
The Court also noted that registration of more than one FIR could be indicative of vendetta based on private or personal grudge. The Court also clarified that the High Court has the power to quash the FIR if the evidence and allegations given in the FIR do not prove the case against the accused. The High Court should consider the evidence collected during the investigation before taking this decision.
Offense of causing hurt to another person by giving false information to public servant BNSS Section 255 (IPC Section 217) Under Section 255 of the Indian Evidence Act, if a person gives any information to a public servant which he knows or believes does that he is wrong, and his intention is that:
(a) On the basis of that information the public servant should or should not do any work which he would not have done had he known the true facts; Or
(b) If a public servant uses his legitimate powers to cause harm or suffering to another person, then the person doing so will be guilty of a crime. That is, if a case of extortion is made by a person on the basis of false facts, then he will be punished for: 1 year There is a provision of imprisonment up to Rs 10,000, or fine of up to Rs 10,000, or both.
Indian Judicial Code, 2023:
Section 232 – to threaten someone into making a false statement
Section 232 (1): If any person threatens any other person with harm to his own person, reputation, property, or the reputation or body of any person close to him, and with the intention of causing that person to make a false statement, such person shall be punished with imprisonment of seven Shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Section 232 (2): If in consequence of the above false statement an innocent person is convicted and sentenced to death or to imprisonment for a term exceeding seven years, the person making the threat shall also be liable to the same penalty and punishment as the innocent person. given.
When can the police arrest without warrant?
Indian Judicial Code, 2023:
Sections 35(3)-35(6) 35 (1) Any police officer may arrest any person without the order of a Magistrate and without a warrantIf the police officer has reason to believe, on complaint, information or suspicion, that the person has committed the offence, and if arrest is necessary, to prevent the commission of the offence, for proper investigation, to prevent destruction or tampering of evidence, to prevent influencing witnesses, to ensure attendance in Court an arrest can be made, and the police officer will record it in writing.
35(3) If the arrest of any person is not required under subsection (1), the police officer shall issue a notice to such person against whom a reasonable complaint has been made, or credible information has been received, or it is suspected that that he has committed a cognizable offence, direct him to appear before him, or at such place as may be specified in the notice.
35(4) If such notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. 35(6) If the person obeys and continues to comply with the notice, he shall not be arrested in respect of the offense mentioned in the notice unless the police officer is of opinion that he should be arrested and has reasons for Will be recorded.
If at any time the person fails to comply with the terms of the notice or is unwilling to reveal his identity, the police officer may, subject to orders passed by any competent court in this behalf, arrest him for the offense specified in the notice. Could.
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