Section Overview
Section Number:
IPC Section 385
Section Title:
Putting Person in Fear of Injury in Order to Commit Extortion
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with corresponding provisions on intimidation-based property offences.
Applicability:
IPC Section 385 applies when:
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A person intentionally puts another in fear of injury;
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The purpose is to commit extortion;
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Property or valuable security is intended to be obtained;
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The offence remains in preparatory or attempt stage.
👉 Section 385 is closely linked with Sections 383 and 384.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 385 ka simple matlab hai ki agar koi person kisi ko darata hai ya dhamki deta hai sirf isliye taaki baad mein usse paisa ya property le sake (extortion kare), to ye crime hota hai.
Simple words mein:
"Extortion karne ke liye kisi ko darana IPC 385 ka offence hai."
Legal Meaning
A person is liable under Section 385 when:
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Fear of injury is created intentionally;
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The objective is extortion;
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No actual delivery of property is necessary;
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The offence is at attempt/preparation stage.
Essential Ingredients
Intention to Commit Extortion
There must be clear intent to commit extortion under Section 383.
Creation of Fear
The accused must put the victim in fear of:
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Physical injury;
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Harm to reputation;
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Harm to property or family.
No Requirement of Actual Gain
Unlike Section 383, property need not actually be obtained.
Link Between Fear and Extortion Purpose
Fear must be created specifically to enable extortion.
Punishment & Legal Classification
Punishment
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Imprisonment up to 2 years; OR
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Fine; OR
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Both.
👉 This is less severe than completed extortion.
Bailable / Non-Bailable:
✔ Bailable
Cognizable / Non-Cognizable:
✔ Cognizable
Compoundable / Non-Compoundable:
✔ Compoundable in certain cases
Triable By:
Magistrate of First Class
IPC ↔ BNS Mapping
IPC Section:
IPC 385
BNS Equivalent:
Bharatiya Nyaya Sanhita includes:
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Intimidation-based extortion attempts;
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Preparatory acts for coercive property offences;
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Cyber intimidation offences in expanded framework.
Status:
Concept retained under BNS with modern updates.
Real-Life Examples
Example 1: Threat for Money
A person threatens to beat someone unless they agree to pay money later.
Section 385 applies.
Example 2: Blackmail Attempt
Someone threatens to leak private photos to create fear for future payment.
IPC Section 385 applies.
Example 3: Business Pressure
A person threatens shopkeepers to create fear for future protection money.
Section 385 applies.
Example 4: Online Threat Message
A hacker sends threatening messages demanding payment later.
Section 385 applies.
Landmark Judgments
Case Name:
Venu Naidu v. State of Andhra Pradesh
Court:
Supreme Court of India
Key Takeaway:
Even creation of fear without actual transfer of property can amount to attempt-related extortion offences.
Case Name:
State of Maharashtra v. Mohd. Yakub
Court:
Supreme Court of India
Key Takeaway:
Preparation and intent can constitute punishable stages of economic offences.
Case Name:
Koppisetti Subbharao v. State of A.P.
Court:
Supreme Court of India
Key Takeaway:
Intimidation-based conduct is sufficient to establish preparatory criminal liability.
Legal Insights
When Is Section 385 Applied?
Section 385 is applied when:
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Extortion is planned but not completed;
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Fear is created intentionally;
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No actual property transfer occurs;
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The act is in preparation or attempt stage.
Common Misuse Scenarios
Verbal Arguments
Normal disputes wrongly treated as extortion threats.
No Intent to Extort
General anger without intention is not enough.
Lack of Evidence
No proof of threat or fear.
Misinterpreted Messages
Informal communication misread as criminal threat.
Defenses Available
No Intent to Extort
No plan or purpose of extortion existed.
No Fear Created
Victim was not actually put in fear.
No Link to Property Demand
Threat unrelated to extortion.
False Implication
Accused wrongly implicated.