IPC Sections 385 to 389: Extortion Involving Injury, Death, Grievous Hurt or Accusation

Sections 385 to 389 of the Indian Penal Code, 1860 deal with serious forms and stages of extortion. They cover fear or attempted fear of injury, extortion by fear of death or grievous hurt, preparation to commit such extortion, and extortion involving threats of accusation of serious offences.

Legal position covered: This article explains the IPC and Code of Criminal Procedure, 1973 position applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The date of the alleged conduct and applicable repeal and savings provisions are relevant when determining whether the earlier law continues to govern a case.

Meaning of Extortion Under Section 383 IPC

Sections 385 to 389 should be read with the basic definition of extortion in Section 383 IPC. Extortion involves intentionally putting a person in fear of injury and thereby dishonestly inducing that person to deliver property, valuable security, or a signed or sealed item capable of being converted into a valuable security.

Section 385 IPC - Putting a Person in Fear of Injury in Order to Commit Extortion

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Essential Points

The purpose must be the committing of extortion.
The accused puts or attempts to put a person in fear of injury.
The provision expressly covers an attempt to create the required fear, even where completed extortion is not established.

Section 386 IPC - Extortion by Putting a Person in Fear of Death or Grievous Hurt

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.

Essential Points

Extortion must actually be committed.
The fear used is fear of death or grievous hurt.
The threatened death or grievous hurt may concern the person placed in fear or another person.

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

Whoever, in order to the committing of extortion, puts or attempts to put 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 seven years, and shall also be liable to fine.

Section 387 addresses putting or attempting to put a person in the specified fear for the purpose of committing extortion. This distinguishes it from Section 386, under which extortion by such fear has been committed.

Section 388 IPC - Extortion by Threat of Accusation of a Serious Offence

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit an offence punishable with death, imprisonment for life, or imprisonment for a term which may extend to ten years, or of having attempted to induce another person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The pre-BNS text further contains a special clause concerning an offence punishable under Section 377 IPC, for which imprisonment for life may be imposed.

The expression "imprisonment for life" in the statutory text reflects the substitution made by Act 26 of 1955 for the former expression "transportation for life".

Section 389 IPC - Putting a Person in Fear of Accusation in Order to Commit Extortion

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed or attempted to commit an offence punishable with death, imprisonment for life, or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The pre-BNS text also contains a special clause where the threatened accusation concerns an offence punishable under Section 377 IPC.

As with Section 388, the statutory reference to "imprisonment for life" resulted from the 1955 substitution for "transportation for life".

Difference Between Sections 385, 386, 387, 388 and 389 IPC

Section	Nature of Offence	Maximum Punishment
385	Putting or attempting to put a person in fear of injury in order to commit extortion	2 years, or fine, or both
386	Completed extortion by fear of death or grievous hurt	10 years and fine
387	Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion	7 years and fine
388	Completed extortion by fear of accusation of specified serious offences	10 years and fine; special pre-BNS Section 377 clause applies in the statutory text
389	Putting or attempting to put a person in fear of accusation of specified serious offences in order to commit extortion	10 years and fine; special pre-BNS Section 377 clause applies in the statutory text

Meaning of Important Expressions

Injury

Section 44 IPC defines "injury" as harm illegally caused to any person in body, mind, reputation or property. The concept is therefore wider than bodily injury alone.

Grievous Hurt

Section 320 IPC specifies the kinds of hurt designated as "grievous", including emasculation, permanent privation of sight or hearing, privation or impairment of a member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and certain hurt endangering life or causing the specified prolonged severe bodily effects.

Dishonestly

Section 24 IPC provides that an act done with the intention of causing wrongful gain to one person or wrongful loss to another is done "dishonestly". This concept is central to the underlying offence of extortion under Section 383.

Pre-BNSS Criminal Procedure Classification

Under the First Schedule to the Code of Criminal Procedure, 1973, the procedural classification differs among these offences. Sections 385 and 387 are cognizable and bailable; Sections 386, 388 and 389 are cognizable and non-bailable. The applicable court of trial also varies by provision, so the relevant First Schedule entry should be consulted for the particular charge.

Key Legal Distinctions

Sections 386 and 388 concern completed extortion involving the specified aggravated form of fear.
Sections 385, 387 and 389 expressly extend to putting or attempting to put a person in the specified fear in order to commit extortion.
Sections 386 and 387 specifically concern death or grievous hurt.
Sections 388 and 389 concern fear of accusation of serious offences identified by the punishment attached to those offences.
The special references to Section 377 in Sections 388 and 389 form part of the pre-BNS statutory text and should be understood in their historical statutory context.

This article is a general summary of the pre-BNS statutory framework. The precise provision applicable depends on the allegations, date of conduct, evidence and procedural law governing the case.