24/05/2019
Section 387: Putting person in fear of death or of 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.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused, by his conduct, had threatened the victim, by putting him in fear that,
2
if the victim failed to deliver –
a property,
or
a valuable security,
or
a instrument signed or sealed, which is in the nature of a valuable security,
3
to a Person,
4
the said victim, or any other Person, would face death or would face grievous hurt.
The offence is Cognizable and Non-Bailable; and triable by any Magistrate; and therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.
Section 386: 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 of 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.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused, by his conduct, had threatened the victim, by putting him in fear that,
2
if the victim failed to deliver –
a property,
or
a valuable security,
or
a instrument signed or sealed, which is in the nature of a valuable security,
3
to a Person,
4
the said victim, or any other Person, would face death or would face grievous hurt.
The offence is Cognizable and Non-Bailable; and triable by any Magistrate; and therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.
Maintenance of peace and order is essential in any society for humans to live peacefully and without fear of injury to lives, limbs and property.
The chief concern of a criminal law is to protect and preserve certain fundamental social values and institutions, and for this, it prescribes a set of norms of human behaviour and forbids certain conducts; and prescribes punishments for the disregards of such norms and conducts.
Normally, a crime is committed by joining of hands by several persons; and ordinarily, two or more than two persons are always involved in any commission of crime. In many of such cases, there could be such persons who act behind the curtains, i.e. although they do not positively participate in the commission of the crime / offence, but they actively participates in the occurrence of the crime / offence, by sharing the “common intention” as suggested and defined u/s 34 of IPC; or by way of “abetment” as suggested and defined u/ss 107 to 116 of IPC; or by way of “criminal conspiracy” as suggested and defined u/s 120A of IPC, 1860.
