IPC Section 388
π Section 388 IPC β Punishment for extortion by threat to commit grievous hurt, etc.
This section deals with extortion involving threats of serious harm. It is a more serious form of extortion under Section 383 IPC.
πΉ Textual Meaning
Whoever commits extortion (i.e., dishonestly inducing someone to deliver property) by threatening to cause:
Grievous hurt, or
Death, or
Destruction of property, or
Any other harm punishable with severe criminal consequences
is punishable under Section 388 IPC.
In simple terms: It is extortion with threats of serious injury or death, unlike Section 383, which may involve minor threats.
πΉ Key Ingredients of Section 388 IPC
Extortion (actus reus)
Property, money, or valuable security is obtained from someone dishonestly.
Threat involved
The threat must be of grievous hurt, death, destruction of property, or other serious harm.
Intent (mens rea)
The accused must intentionally threaten and dishonestly induce delivery of property.
Victim must be induced
The person must deliver property or act under fear caused by the threat.
πΉ Punishment
Imprisonment: Up to 7 years, and
Fine.
This is heavier than ordinary extortion under Section 384 IPC (up to 3 years) because serious threats are involved.
π Examples
A person threatens a shopkeeper with serious injury if he does not hand over cash.
Extortion + threat of grievous hurt β Section 388 IPC.
A criminal threatens to burn a personβs house unless money is paid.
Serious threat inducing property delivery β Section 388 IPC.
A gangster forces someone to hand over jewelry by threatening death.
Punishable under Section 388 IPC.
πΉ Relation to Other Sections
| Section | Focus | Punishment | Example |
|---|---|---|---|
| 383 | Extortion generally | β€3 years + fine | Minor threats to get money |
| 384 | Extortion by putting person in fear of death/violence | β€3 years + fine | Threatening minor physical injury |
| 388 | Extortion by threat to cause grievous hurt, death, or serious property damage | β€7 years + fine | Threatening death to steal cash |
β
In short:
Section 388 IPC punishes anyone who dishonestly obtains property by threatening grievous hurt, death, or destruction of property, with imprisonment up to 7 years and fine.
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