IPC Section 385
π Section 385 IPC β Putting a person in fear of injury in order to commit extortion
This section deals with extortion by causing fear of injury. It is a step before more serious extortion offences like Sections 386β388 IPC.
πΉ Textual Meaning
Whoever puts any person in fear of injury to that person or to someone else, in order to dishonestly induce that person to deliver property, commits extortion under Section 385 IPC.
In simple terms: It punishes anyone who induces someone to give property by threatening harm, even if the harm is not actually intended to be caused.
πΉ Key Ingredients of Section 385 IPC
Fear of injury
The accused must cause fear of injury to the victim or someone the victim cares about.
Injury can be:
Physical harm, or
Death, or
Property damage
Intent to induce delivery of property
The threat must be made dishonestly to get property or valuable security.
Property delivered
Can be movable property, money, or valuable security.
Mens rea
The accused must intentionally create fear and dishonestly obtain property.
πΉ Punishment
Imprisonment: Up to 3 years, or
Fine, or
Both.
More serious threats fall under Sections 386β388 IPC, carrying higher punishments.
π Examples
A person threatens a shopkeeper that his house will be damaged if he does not hand over cash.
Fear of injury + property delivery β Section 385 IPC.
Someone threatens to hurt a neighborβs child to get money.
Threat induces property delivery β Section 385 IPC.
A person induces delivery of a bike by threatening minor injury.
Punishable under Section 385 IPC.
πΉ Relation to Other Sections (Extortion)
| Section | Focus | Punishment | Example |
|---|---|---|---|
| 383 | Extortion generally | β€3 years + fine | Minor deceit or threat |
| 384 | Putting person in fear of injury to commit extortion | β€3 years + fine | Threat to cause minor injury to get property |
| 385 | Fear of injury to induce delivery of property | β€3 years + fine | Threatening physical harm to get money |
| 386 | Extortion by putting person in fear of death | β€10 years + fine | Threat of death to take property |
| 388 | Extortion by threat to cause grievous hurt/death/property damage | β€7 years + fine | Threat of serious harm to steal money |
β
In short:
Section 385 IPC punishes anyone who dishonestly induces a person to deliver property by causing fear of injury, with imprisonment up to 3 years, fine, or both.
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