Section Overview
Section Number:
IPC Section 383
Section Title:
Extortion
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with similar provisions on coercive property offences.
Applicability:
IPC Section 383 applies when:
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A person intentionally puts another in fear of injury;
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The fear is used to induce delivery of property or valuable security;
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The act is done dishonestly;
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Consent is obtained through coercion or threat.
👉 Extortion is essentially “theft through fear or threat”.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 383 ka simple matlab hai ki agar koi person kisi ko darata hai ya dhamki deta hai aur us dar ke through usse paisa ya property le leta hai, to use extortion kehte hain.
Simple words mein:
"Dhamki dekar paisa ya property lena extortion hai."
Legal Definition (Essence of Section 383)
A person commits extortion when he:
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Intentionally puts someone in fear of injury;
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Causes that person to deliver property or valuable security;
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Acts dishonestly to gain benefit.
Essential Ingredients of Extortion
Fear of Injury
The victim must be put under fear of:
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Physical harm;
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Harm to reputation;
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Harm to property;
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Harm to family or livelihood.
Delivery of Property
The victim must voluntarily (but under fear) give:
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Money;
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Property;
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Valuable security.
Dishonest Intention
The accused must intend wrongful gain or loss.
Causal Connection
Fear must directly lead to delivery of property.
Punishment & Legal Classification
Punishment (Section 384 IPC – related punishment provision)
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Imprisonment up to 3 years; OR
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Fine; OR
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Both.
Bailable / Non-Bailable
Bailable (generally, depending on facts and severity)
Cognizable / Non-Cognizable
Cognizable
Compoundable
Compoundable in certain cases with court permission
Triable By
Magistrate of First Class
IPC ↔ BNS Mapping
IPC Section:
IPC 383 (Extortion)
BNS Equivalent:
Bharatiya Nyaya Sanhita retains extortion under:
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Coercive property offences;
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Organized crime-related extortion;
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Digital and economic extortion frameworks.
Status:
Concept retained and modernized.
Real-Life Examples
Example 1: Money Extortion
A person threatens to beat someone unless they pay money.
Section 383 applies.
Example 2: Blackmail
Someone threatens to leak private photos unless money is paid.
IPC Section 383 applies.
Example 3: Business Threats
A shop owner is threatened with damage unless protection money is given.
Section 383 applies.
Example 4: Online Extortion
Hackers demand money by threatening data exposure.
Section 383 applies.
Landmark Judgments
Case Name:
Venu Naidu v. State of Andhra Pradesh
Court:
Supreme Court of India
Key Takeaway:
Fear induced delivery of property constitutes extortion even without physical violence.
Case Name:
Shri Ram v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
Threats causing fear are sufficient for extortion; actual harm is not required.
Case Name:
K.C. Builders v. ACIT
Court:
Supreme Court of India
Key Takeaway:
Dishonest intention is key in economic offences like extortion.
Legal Insights
When Is Section 383 Applied?
Section 383 is applied when:
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Threat or fear is created;
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Property is delivered under coercion;
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Dishonest gain is intended;
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Consent is obtained through pressure.
Common Misuse Scenarios
Civil Disputes Misinterpreted
Loan recovery disputes wrongly framed as extortion.
No Fear Established
Without fear or threat, Section 383 does not apply.
Voluntary Payment
If payment is voluntary, it is not extortion.
Lack of Evidence
No proof of threat or coercion.
Defenses Available
No Fear Induced
No threat or fear was created.
No Delivery of Property
No property was transferred.
Voluntary Transaction
Payment or transfer was voluntary.
False Allegation
Accused falsely implicated.