IPC Section 386 - Extortion By Putting A Person In Fear Of Death Or Grievous Hurt

IPC Section 386 deals with extortion, where someone forces another to give up their property through threats of serious physical harm. It involves wrongful acquisition, fear of death or severe injury, and coercion.

Legal Provision: IPC Section 386

In layman’s terms, the IPC Section 386 states:

Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine

Key Details Of The IPC Section 386

• Chapter Classification: It falls under Chapter XII, which deals with offenses related to extortion.
• Bailable or Not: It is a non-bailable offence; the accused must seek bail from the Court, which will be granted based on factors such as the nature of the offence and the strength of the evidence.
• Triable By: It is triable by the Session Court, which has the authority to handle such cases.
• Cognizance: It is a cognizable offence; the police are authorized to take immediate action to investigate.
• Compoundable Offences: It is not a compoundable offence; the matter cannot be settled directly with the victim without obtaining court permission.

Explanation Of The IPC Section 386 Of IPC

The Section addresses the crime of extortion by intimidating the victim. Here, the victim is forced into giving up their belongings by issuing threats of grievous physical harm. The elements that must be present to be considered extortion under this Section are unlawful acquisition, fear of harm, and coercion. The crime is punishable with a period extendable to 10 years, and a fine as decided by the Court.

Examples:

• A gang extorts money from local shopkeepers, threatening to damage the shopkeepers' properties if they refuse.
• A person asks for money from a businessman, threatening violence in return if the businessman refuses.
• An individual threatens to harm a victim’s family if the individual’s demands are not met.

Definitions: Explanation Of Key Terms Used In The Section 386 Of IPC

The Key Terms In IPC Section 386 Of IPC Are As Follows:

• Extortion: It is the act of obtaining property from another individual by inciting the fear of grievous hurt or death. Here, the accused relies on intimidation or threats to coerce someone into giving up their belongings.
• Wrongful Obtaining: This is the act of acquiring a person’s property without their consent or legal justification.
• Fear of Death or Grievous Hurt: It is a genuine belief in the victim that they are in danger of serious injury or death, causing permanent disfigurement or disability.
• Coercion: It includes the use of force, threats, or similar tactics to compel a victim to do something against their will.

Purpose: Intent Behind Section 386

This Section was enacted to safeguard individuals and their property from practices such as extortion. It deters people from relying on threats of violence to coerce victims into giving up their belongings. This Section’s fundamental purpose is to protect citizens from being coerced through intimidation.

It acknowledges that each person lives freely and without fear to enjoy the fruits of their hard work without being subjected to any kind of harm or threat. It assists in maintaining law and order so that the public has trust in the legal system. The Section also provides severe penalties associated with extortion which deters the potential offenders by making them understand the consequences of their actions.

Scope Of IPC Section 386: Situations & Actions

The Section is concerned with several situations and actions that include the utilization of intimidation or threats to acquire property belonging to some other person. The underlying principle remains the same, where there is the use of fear or coercion to extort belongings or property. A few situations such as direct threats (written, verbal, or implied threats through actions), indirect threats (threats made on others except victims such as family, friends, etc.), extortion through blackmail, protection rackets, or online extortion fall within the scope of Section 386.

Legal Implications of IPC Section 386

The Section prescribes severe punishment for persons found guilty of extortion. The accused may be awarded imprisonment for a period of up to 10 years. Additionally, the accused also may be liable to pay fines as decided by the Sessions Court.

Relevant Cases

Pyare Lai v. State Of Rajasthan (AIR 1963 SC 1094)

In this case, the appellant was convicted by the Sessions Court Judge (Alwar) as per Section 379 of IPC and was fined Rs 200. The appellant filed an appeal before the High Court of Rajasthan, however, the Honourable Court upheld the Session Court’s decision and the appellant was convicted. The appellant was aggrieved with this judgement and filed an appeal before the Supreme Court (SC). The SC upheld the judgement by observing that the essentials of theft as per Section 379 were fulfilled. Accordingly, the appellant was convicted.

K.N. Mehra v. State Of Rajasthan (AIR 1957 SC 369)

Here, the appellant, then an Indian Air Force (IAF) cadet was arrested was arrested for the alleged theft of an aircraft belonging to the IAF academy, Jodhpur. The Jodhpur trial court found the accused guilty of the offence as per Section 379 of the IPC. Subsequently, the Rajasthan HC upheld the judgement of the trial court after an appeal petition filed by the appellant. Further, a final appeal was filed in the Supreme Court for Special Leave as per Article 136 of the Indian Constitution. The Court dismissed the appeal by concluding that the appellant had already served the period of imprisonment while the trial was ongoing.

A.R. Antulay v. R.S. Nayak (AIR 1986 SC 2045)

In this case, the Bombay High Court had sentenced the appellant to imprisonment for coercion after which the appellant resigned as the Chief Minister of Maharashtra. The Court concluded the appellant had illegally purchased developers of the Bombay region in exchange for more concrete as compared to that of the quantity distributed by the government to Indira Gandhi Pratibha Pratisthan Trust, one of the few trusts set up and controlled by the appellant. He was released on bond by the Court. Further, he was cleared of charges by the Supreme Court.

Conclusion

The motto of Section 386 is to ensure that the victim doesn’t suffer from any loss or physical harm. The Section is an important provision for the Indian legal system that clearly defines the elements of extortion crime along with punishment. The Section affirms every individual has the right to live fearlessly and enjoy the results of hard work without being harmed. It assists in maintaining law and order in the society by holding the criminals accountable.