Extortion

Extortion is defined in Section 308 BNS, 2023 (formerly Section 383 IPC): whoever intentionally puts any person in fear of any injury to that person, or to any other person, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or to do or omit to do anything that may convert to the advantage of the extortioner, commits extortion. Two elements are central: (1) Putting in fear of injury — the fear may be of bodily injury, injury to reputation, injury to property, or injury to any other person the victim cares about; and (2) Inducement to deliver — the fear must be the operative cause that induces the delivery of property or the signing of a document. The delivery must be the result of the fear.

Extortion vs theft: in theft, the property is taken without consent — the owner does not hand it over. In extortion, the owner hands over the property — but the consent is not free; it is obtained under duress (fear of injury). The distinction is that in theft, there is no consent at all; in extortion, there is a coerced consent — the victim is 'induced' to deliver. Extortion vs robbery: robbery is the aggravated form — in robbery, the fear of injury is of immediate (instant) harm and the victim's property is taken in the person's immediate presence. In extortion, the fear may be of future injury and the property may be delivered later.

Aggravated extortion: Section 309 BNS (robbery) applies when the fear used in the extortion is of instant death, instant hurt, or instant wrongful restraint — converting extortion into robbery. If the accused uses a weapon and threatens immediate violence unless money is handed over, and the victim hands it over under that fear, the charge is robbery, not extortion. The key question — is the threat of instant injury or future injury? — determines whether the charge is robbery or extortion.

For advocates, extortion cases arise in: (1) loan recovery with threats — moneylenders or recovery agents who threaten bodily harm to recover loans may be charged with extortion; (2) blackmail — threatening to expose scandalous information unless money is paid; (3) corporate extortion — threatening companies with false complaints, adverse media, or regulatory action to extract settlements; and (4) ransom — abduction followed by a demand for ransom (Section 310 BNS — kidnapping for ransom) may also be charged as extortion.