Section 327 IPC: Voluntarily Causing Hurt to Extort Property or Constrain an Illegal Act
Section 327 of the Indian Penal Code, 1860 punished voluntarily causing hurt for the purpose of extorting property or valuable security, or compelling the sufferer or a person interested in the sufferer to do something illegal or something that may facilitate an offence.
Section 327 IPC - statutory rule
Section 327 applies where a person voluntarily causes hurt for the purpose of extorting from the sufferer, or from a person interested in the sufferer, property or valuable security; or for the purpose of constraining the sufferer or a person interested in the sufferer to do something illegal or something that may facilitate the commission of an offence.
The punishment is imprisonment of either description for a term which may extend to ten years, and fine.
Essential ingredients of Section 327 IPC
The provision combines the voluntary causing of hurt with a specific coercive purpose. Broadly, its statutory ingredients are:
- the accused must voluntarily cause hurt;
- the hurt must be caused for the purpose of extorting property or valuable security from the sufferer or a person interested in the sufferer; or
- the purpose must be to constrain the sufferer or a person interested in the sufferer to do something illegal; or
- the purpose must be to constrain such person to do something that may facilitate the commission of an offence.
The purpose for which the hurt is caused is therefore central to Section 327. Hurt by itself does not bring every case within this aggravated provision.
Meaning of "hurt" under Section 319 IPC
Section 319 IPC defined "hurt" as causing bodily pain, disease or infirmity to any person. Section 321 dealt with voluntarily causing hurt. These provisions help explain the first element of Section 327.
Section 327 refers to hurt, whereas Section 329 IPC deals with grievous hurt caused for a comparable coercive purpose.
Meaning of "valuable security" under Section 30 IPC
Section 30 IPC defined "valuable security" as a document which is, or purports to be, a document whereby a legal right is created, extended, transferred, restricted, extinguished or released, or whereby a person acknowledges that he lies under legal liability or does not have a certain legal right.
The definition is relevant because Section 327 expressly extends beyond extorting tangible property and includes extorting valuable security.
Meaning of "illegal" under Section 43 IPC
Section 43 IPC stated that "illegal" applies to everything which is an offence, which is prohibited by law, or which furnishes ground for a civil action. It also stated that a person is legally bound to do whatever it is illegal in him to omit.
This statutory definition gives the expression "illegal" in Section 327 a wider legal meaning than merely conduct independently punishable as a criminal offence.
Meaning of "offence"
Section 40 IPC contained the Code's definition of "offence" and rules governing how that expression operates in different provisions. In applying the expression "commission of an offence" in Section 327, the statutory definition and the context of the relevant provision must therefore be considered.
Punishment and classification under the pre-BNSS CrPC
| Provision | Section 327 IPC |
|---|---|
| Punishment | Imprisonment of either description up to 10 years and fine |
| Cognizable | Yes |
| Bailable | No - non-bailable |
| Court competent to try | Magistrate of the First Class |
A cognizable offence permits police action in accordance with the CrPC without the warrant requirement applicable to a non-cognizable offence. A non-bailable classification does not mean that bail can never be granted; it means bail is governed by the provisions applicable to non-bailable offences.
Section 327 and extortion under the IPC
Section 327 is not simply a general extortion provision. Its distinguishing feature is the voluntary causing of hurt for one of the coercive purposes stated in the section. The IPC separately contained offences relating to extortion, including the provisions in Sections 383 onwards. The precise charge depends upon the conduct alleged and the statutory ingredients proved.
Section 327 and Section 329 IPC - distinction
The principal distinction lies in the degree of injury contemplated. Section 327 addresses voluntarily causing hurt for the specified purpose, while Section 329 IPC addresses voluntarily causing grievous hurt for such purpose. Grievous hurt had the specific statutory meaning set out in Section 320 IPC.
Section 327 and Sections 330-331 IPC
The object of the coercion also matters. Section 330 IPC dealt with voluntarily causing hurt to extort a confession or information, or to compel restoration of property or satisfaction of a claim or demand. Section 331 dealt with the corresponding aggravated situation involving grievous hurt. Section 327, by contrast, specifically addresses the purposes stated in its own text, including extorting property or valuable security and constraining an illegal act.
Related IPC provisions
For connected provisions, see Indian Penal Code 1860 - sections and overview, Section 326 IPC - grievous hurt by dangerous weapons or means, Section 328 IPC - hurt by poison or similar means, Section 329 IPC - grievous hurt to extort property, and Section 330 IPC - hurt to extort confession or compel restoration of property.
Legal information: This article explains the pre-BNS statutory framework for general information. Application to an individual case depends on its facts, the date of the alleged offence and the law governing the proceeding.