IPC Section 387 – Putting a Person in Fear of Death or Grievous Hurt in Order to Commit Extortion

Section Overview

Section Number:

IPC Section 387

Section Title:

Putting Person in Fear of Death or Grievous Hurt in Order to Commit Extortion

Act:

Indian Penal Code, 1860 (IPC)

Status:

Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with corresponding provisions relating to aggravated extortion and criminal intimidation.

Applicability:

IPC Section 387 applies when:

• A person intentionally puts or attempts to put another in fear of death or grievous hurt;

• The purpose is to commit extortion;

• Property need not actually be delivered;

• The offence is focused on the intimidation stage.

👉 Section 387 is more serious than Section 385 because the threat involves death or grievous hurt.

Section Explanation

Simple Explanation (Plain English/Hinglish)

IPC Section 387 ka simple matlab hai ki agar koi person kisi ko jaan se maarne ya serious injury dene ki dhamki deta hai taaki usse paisa ya property le sake, to woh offence karta hai.

Chahe paisa mila ho ya nahi, offence ho sakta hai.

Simple words mein:

"Jaan se maarne ki dhamki dekar extortion karne ki koshish karna IPC 387 ka crime hai."

Legal Meaning

Section 387 applies where:

• Fear of death or grievous hurt is created;

• The objective is extortion;

• The accused acts intentionally;

• Extortion may not yet be completed.

Essential Ingredients

 Intention to Commit Extortion

The threat must be connected to obtaining money, property, or valuable security.

 Fear of Death or Grievous Hurt

The accused must:

• Put a person in fear; OR

• Attempt to put a person in fear;

of:

• Death; OR

• Grievous hurt.

 Threat Must Be Serious

The intimidation must be substantial enough to influence the victim.

 Property Need Not Be Delivered

Unlike completed extortion, actual transfer is not required.

Punishment & Legal Classification

Punishment

• Imprisonment up to 7 years; AND

• Fine.

👉 The law punishes the serious threat itself even if extortion fails.

Bailable / Non-Bailable

❌ Non-Bailable

Cognizable / Non-Cognizable

✔ Cognizable

Compoundable

❌ Non-Compoundable

Triable By

Magistrate of First Class

IPC ↔ BNS Mapping

IPC Section

IPC Section 387

BNS Equivalent

Bharatiya Nyaya Sanhita retains provisions relating to:

• Aggravated extortion;

• Serious criminal intimidation;

• Threat-based property offences;

• Organized crime extortion.

Status

Concept retained under BNS with updated drafting.

Real-Life Examples

Example 1: Death Threat Letter

A businessman receives a letter demanding money and threatening murder if payment is not made.

IPC Section 387 applies.

Example 2: Gang Threat

A criminal gang threatens serious injury unless protection money is paid.

Section 387 applies.

Example 3: Phone Call Threat

A person receives repeated calls threatening death unless money is transferred.

Section 387 applies.

Example 4: Online Threat

An offender threatens grievous harm through social media to obtain money.

Section 387 applies.

Landmark Judgments

Case Name:

State of Maharashtra v. Mohd. Yakub

Court:

Supreme Court of India

Key Takeaway:

Serious threats intended for unlawful gain attract criminal liability even before completion of the offence.

Case Name:

Venu Naidu v. State of Andhra Pradesh

Court:

Supreme Court of India

Key Takeaway:

Fear-inducing conduct aimed at obtaining property constitutes extortion-related offences.

Case Name:

Om Prakash v. State of Rajasthan

Court:

Supreme Court of India

Key Takeaway:

Threats involving personal safety significantly aggravate criminal responsibility.

Legal Insights

When Is Section 387 Applied?

Section 387 is applied when:

• Serious threats are used;

• Death or grievous hurt is threatened;

• Extortion is intended;

• Property may not yet have been transferred.

Difference Between IPC Sections 385, 386 and 387

Defenses Available

No Intention to Extort

Threat not connected to obtaining property.

No Serious Threat

No fear of death or grievous hurt was created.

False Allegation

The accused was wrongly implicated.

Lack of Evidence

No proof of threat or demand exists.