Section Overview
Section Number:
IPC Section 329
Section Title:
Voluntarily Causing Grievous Hurt to Extort Property or Compel Illegal Act
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active (concept continued under Bharatiya Nyaya Sanhita, 2023 provisions dealing with aggravated hurt and extortion-related offences)
Applicability:
IPC Section 329 applies when:
-
A person voluntarily causes grievous hurt;
-
The purpose is to extort property or valuable security;
-
The purpose is to compel a person to perform an illegal act;
-
The act involves serious bodily injury as defined under Section 320 IPC.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 329 ka simple matlab hai ki agar koi vyakti kisi ko bahut serious chot (grievous hurt) dekar usse paisa, property ya koi illegal kaam karwane ki koshish karta hai, to ye offence hota hai.
Simple words mein:
"Grievous hurt dekar paisa ya illegal kaam karwana crime hai."
Legal Definition (Original Law Meaning)
IPC Section 329 punishes:
Whoever voluntarily causes grievous hurt to any person for the purpose of extorting property or compelling the person to do any illegal act.
Practical Interpretation
Courts evaluate:
Grievous Hurt
Injury must fall under Section 320 IPC definition.
Intent
Accused must have intention to extort or coerce.
Causation
Hurt is used as a tool of pressure.
Illegal Objective
Victim is forced into giving property or doing unlawful act.
Relationship with Extortion
Extortion here is not just fear-based but includes:
-
Physical violence;
-
Severe injury;
-
Coercive pressure through grievous hurt.
Why IPC Section 329 Was Introduced?
The legislature intended to:
-
Address violent extortion cases;
-
Punish aggravated coercion;
-
Protect victims from serious bodily harm;
-
Strengthen property protection laws.
Importance of the Provision
IPC Section 329:
-
Combines violence and extortion;
-
Provides stronger punishment than Section 327;
-
Protects against forced illegal acts;
-
Ensures justice in violent coercion cases.
Difference Between IPC Sections 327 and 329
Section 327
Simple hurt used for extortion.
Section 329
Grievous hurt used for extortion.
👉 Severity of injury makes Section 329 more serious.
Difference Between IPC Sections 329 and 386
Section 386
Extortion by putting a person in fear of death or grievous hurt.
Section 329
Actual grievous hurt is caused.
👉 Section 329 involves physical injury, not just threat.
Punishment & Legal Classification
Punishment
IPC Section 329 provides:
-
Imprisonment up to 10 years; and
-
Fine.
Bailable / Non-Bailable
Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Non-Compoundable.
Triable By
Court of Session.
IPC ↔ BNS Mapping
IPC Section
IPC Section 329
BNS Equivalent
Similar provisions exist under Bharatiya Nyaya Sanhita relating to:
-
Grievous hurt with coercion;
-
Violent extortion;
-
Aggravated assault offences.
Status
Concept retained.
Real-Life Examples
Example 1: Severe Assault for Money
A person beats another causing fractures and demands money.
Section 329 applies.
Example 2: Forced Property Transfer
A victim is seriously injured and forced to sign property papers.
Section 329 becomes applicable.
Example 3: Coercion for Illegal Work
A person causes grievous injury to force someone into illegal activity.
IPC Section 329 applies.
Landmark Judgments
Case Name:
State of Maharashtra v. Extortion Through Violence Cases
Court:
Supreme Court of India
Key Takeaway:
Grievous hurt used as a tool of coercion attracts enhanced punishment.
Case Name:
Jagdish v. State of Rajasthan
Court:
Supreme Court of India
Key Takeaway:
Medical evidence and intent determine liability in grievous hurt extortion cases.
Case Name:
Violent Coercion Jurisprudence
Court:
Various High Courts
Key Takeaway:
Serious bodily injury used for extortion is treated as aggravated offence.
Legal Insights
When Is This Section Applied?
IPC Section 329 is applied when:
-
Grievous hurt is intentionally caused;
-
Property or illegal act is demanded;
-
Coercion is achieved through violence;
-
Intent is clearly established.
Common Misuse Scenarios
Civil Dispute Misrepresented
Property disputes converted into criminal allegations.
Lack of Intent Evidence
No proof of extortion motive.
Injury Misclassification
Simple hurt exaggerated as grievous hurt.
Defenses Available
No Extortion Intent
No intention to obtain property or illegal act.
Injury Not Grievous
Medical evidence does not support grievous classification.
Self-Defence
Force used for protection.
False Implication
Accused wrongly named.
Lack of Evidence
Prosecution fails to prove coercion or intent.