IPC Section 368
Section 368 IPC – Putting a person in fear of injury in order to commit extortion
Text in essence:
Whoever puts any person in fear of injury to that person or someone else, with the intent to dishonestly obtain property or valuable security, commits extortion under this section.
Punishment:
Imprisonment up to 3 years, or
Fine, or
Both.
Detailed Explanation
Who can commit this offence?
Any person who uses threats, intimidation, or fear to dishonestly obtain property or valuable security from someone else.
Essential Ingredients of the offence:
Threat or fear: The accused must create fear of injury—this could be physical harm, damage to property, or harm to someone known to the victim.
Intent to commit extortion: The purpose of creating fear must be to dishonestly obtain property or valuable security.
Causation: The fear induced must actually or potentially influence the victim to part with property.
Nature of the offence:
Cognizable: Police can register FIR and investigate.
Non-bailable or bailable depending on the discretion of the court.
Punishable up to 3 years, fine, or both.
Difference from Section 383 IPC (Extortion):
Section 383 defines extortion in general: intentionally putting someone in fear to obtain property.
Section 368 specifically applies when the fear is of injury to a person or property and is part of the method of extortion.
Example
A person threatens a shopkeeper: “Give me ₹50,000 or I will burn your shop.”
Here, fear of injury (burning the shop) is used to obtain money.
This constitutes extortion under Section 368 IPC.
Threatening someone’s family to hand over valuables is also covered under this section.
✅ In summary:
Section 368 IPC deals with extortion by putting a person in fear of injury. It punishes the offender with up to 3 years imprisonment, fine, or both. The law focuses on intimidation or threats used to dishonestly obtain property.
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