IPC Sections 383 and 384: Extortion - Definition, Ingredients and Punishment

Section 383 of the Indian Penal Code, 1860 defines extortion. Section 384 prescribes the punishment for committing extortion. The offence is based on intentionally creating fear of injury and thereby dishonestly inducing a person to deliver property, valuable security, or a signed or sealed item capable of being converted into a valuable security.

Legal position covered: This article explains Sections 383 and 384 IPC and the Code of Criminal Procedure, 1973 position applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. For conduct occurring while the IPC was in force, the repeal and savings provisions may continue to preserve liabilities and proceedings under the earlier law.

Section 383 IPC - Definition of Extortion

Section 383: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

Essential Ingredients of Extortion Under Section 383 IPC

For an act to fall within Section 383 IPC, the following elements are material:

The accused intentionally puts a person in fear of injury.
The threatened injury may be to the person placed in fear or to another person.
The fear must dishonestly induce the person to make a delivery.
The delivery may be of property, valuable security, or something signed or sealed that can be converted into a valuable security.
There must be a connection between the fear intentionally created and the dishonest inducement to deliver.

Meaning of Important Expressions

Dishonestly

Under Section 24 IPC, doing something with the intention of causing wrongful gain to one person or wrongful loss to another is doing that thing "dishonestly". This dishonest intention is an essential part of extortion.

Injury

Section 44 IPC defines "injury" as harm illegally caused to any person in body, mind, reputation or property. Therefore, the fear contemplated by Section 383 is not confined to fear of physical harm.

Valuable Security

Section 30 IPC defines "valuable security" in relation to a document which creates, extends, transfers, restricts, extinguishes or releases a legal right, or acknowledges legal liability or the absence of a legal right. Section 383 also expressly covers something signed or sealed that may be converted into a valuable security.

Statutory Illustrations to Section 383 IPC

Illustration (a): A threatens to publish a defamatory libel concerning Z unless Z gives him money. Z is thereby induced to give money. A has committed extortion.

Illustration (b): A threatens Z that Z's child will be kept in wrongful confinement unless Z signs and delivers a promissory note binding Z to pay money. Z signs and delivers the note. A has committed extortion.

Illustration (c): A threatens to send club-men to plough up Z's field unless Z signs and delivers to B a bond requiring delivery of specified produce under a penalty. Z is thereby induced to sign and deliver the bond. A has committed extortion.

Illustration (d): A puts Z in fear of grievous hurt and dishonestly induces Z to sign or seal a blank paper and deliver it to A. Because the signed or sealed paper may be converted into a valuable security, A has committed extortion.

Section 384 IPC - Punishment for Extortion

Section 384: Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Punishment and Pre-BNSS Criminal Procedure Classification

Provision	Offence	Punishment	Cognizability	Bail	Triable By
Section 384 IPC	Extortion	Imprisonment of either description up to 3 years, or fine, or both	Cognizable	Non-bailable	Any Magistrate

Extortion and Delivery of Property

The definition in Section 383 links the intentionally created fear with a dishonest inducement that causes delivery. The subject of delivery is wider than cash alone: it can include property, valuable security, or a signed or sealed item capable of conversion into a valuable security. The statutory illustrations demonstrate threats involving reputation, wrongful confinement, property and grievous hurt.

Related Aggravated Extortion Offences

Sections 385 to 389 IPC deal with related or aggravated forms of extortion, including putting or attempting to put a person in fear of injury in order to commit extortion, extortion by fear of death or grievous hurt, and extortion connected with threats of accusation of serious offences.

Read Sections 385, 386, 387, 388 and 389 IPC - related and aggravated extortion offences.

Key Points About Sections 383 and 384 IPC

Section 383 defines the offence; Section 384 provides its general punishment.
The fear may concern injury to the person induced or to another person.
"Injury" under the IPC extends beyond bodily harm and includes harm to mind, reputation and property.
The inducement must be dishonest and must result in the delivery contemplated by Section 383.
The maximum punishment under Section 384 IPC is three years' imprisonment of either description, or fine, or both.

This article provides a general summary of the pre-BNS statutory position. Application of the law depends on the date of the alleged conduct, facts, evidence and applicable procedural provisions.