Criminal Intimidation And Extortion
Definitions and Relevant Sections of IPC
Criminal Intimidation (Section 503 IPC)
Definition: Threatening another person, with intent to cause alarm or to compel them to do or abstain from doing any act.
Essentials:
A threat to cause injury to person, property, reputation, or any right.
Intention to cause alarm or compel action/inaction.
The threat must be communicated.
Punishment for Criminal Intimidation
Section 506 IPC: Punishment for criminal intimidation, which can be imprisonment for up to two years, or fine, or both.
If threat is to cause death or grievous hurt, imprisonment may extend up to seven years.
Extortion (Section 383 IPC)
Definition: Dishonestly inducing a person to deliver property by threatening to cause harm.
Essentials:
Threat or intimidation.
Dishonest inducement.
Delivery of property or valuable security.
Punishment for Extortion
Section 384 IPC: Punishment up to three years or fine or both.
Enhanced punishment if extortion causes death or grievous hurt.
Detailed Explanation with Case Laws
1. Criminal Intimidation: Need for Threat and Intention
Case: Ratanlal v. State of Madhya Pradesh, AIR 1961 SC 1627
The Supreme Court held that mere angry words do not amount to criminal intimidation unless the words convey a threat of injury with intention to cause alarm.
The threat must be such that it creates a reasonable fear in the mind of the person threatened.
2. Threat Must Be Communicated
Case: Rajendra Prasad v. State of Uttar Pradesh, AIR 1954 SC 549
The Court observed that criminal intimidation involves communication of the threat.
A threat made in the presence of a person, but not communicated to him, does not constitute intimidation.
3. Extortion: Dishonest Inducement by Threat
Case: State of Maharashtra v. Chandraprakash Kewalchand Jain, AIR 1990 SC 1390
The Supreme Court defined extortion as obtaining property by inducing fear caused by threat.
It clarified that there must be dishonest intention in the threat and inducement.
4. Difference Between Criminal Intimidation and Extortion
Case: Shiv Shanker Das v. State of Rajasthan, AIR 1954 SC 335
The Court explained that criminal intimidation is a threat causing fear, whereas extortion involves obtaining property by such threat.
Extortion necessarily involves delivery of property; criminal intimidation may not.
5. Intimidation to Commit Illegal Act
Case: Manoj v. State of Haryana, AIR 2017 SC 396
The Supreme Court held that threatening a person to compel them to commit an illegal act falls under criminal intimidation.
This extends the scope to threats compelling unlawful acts, not just abstention or action.
6. Threat of Death or Grievous Hurt
Case: State of Kerala v. Rajan, AIR 1968 SC 1162
The Court ruled that when the threat is of death or grievous hurt, a more severe punishment under Section 506(2) IPC applies.
Emphasized the seriousness of such threats.
Summary Table of Key Points and Cases
| Aspect | Explanation | Case Law |
|---|---|---|
| Threat & Intention | Threat must cause alarm or compel action | Ratanlal v. State of M.P. |
| Communication of Threat | Threat must be communicated to the victim | Rajendra Prasad v. U.P. |
| Extortion Defined | Obtaining property by dishonest threat-induced fear | State of Maharashtra v. Chandraprakash Jain |
| Difference between Intimidation & Extortion | Extortion involves delivery of property; intimidation may not | Shiv Shanker Das v. Rajasthan |
| Threat to Commit Illegal Act | Threat compelling illegal acts is criminal intimidation | Manoj v. State of Haryana |
| Serious Threats (Death/Grievous Hurt) | Attract harsher punishment under IPC | State of Kerala v. Rajan |
Conclusion
Criminal intimidation under Section 503 IPC primarily protects individuals from threats that cause fear or coercion.
Extortion under Section 383 IPC is a more serious offence involving obtaining property by threat.
The courts have clarified the need for clear communication of threats, dishonest intent in extortion, and distinguished between these offences.
Punishments vary depending on the severity and nature of the threats or harm intended.
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