The use of the words ‘anything signed or sealed which may be converted into a valuable security’ in the definition of extortion shows that incomplete deeds may also be subject of extortion. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is “valuable security”. Illustration: A writes his name on the back of a bill of exchange. There must be the delivery of property under fearĪccording to Section 30 of IPC, The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.The offender must act dishonestly in doing so, i.e., he must act with the intention to cause wrongful gain or wrongful loss.As a consequence of the fear so exercised the person put in fear is induced by the offender to deliver any property or any valuable security or anything signed or sealed to any person which is capable of being converted into a valuable security.The fear caused to a person must be a fear of injury either to himself or to some other person in whom the person put in fear is interested.The offence under this Section is cognizable, non-bailable, non-compundable and triable by any magistarte. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Here, as the paper so signed may be converted into a valuable security. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. A has committed extortion.Ĭlub-men to plough up Z’s field unless Z will sign and deliver to B a bondīinding Z under a penalty to deliver certain produce to B, and thereby induces (b) A threatens Z that he will keep Z’s child in wrongful confinement unless Z will sign and deliver to A, a promissory note binding Z to pay certain money to A. Publish a defamatory libel concerning Z unless Z gives him money. Extortion, on the other hand, encompasses a greater variety of threats relating to future harm (Neumann and Elsenbroich, 2017).Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”. Another distinguishing factor is that the nature of the threat for robbery is limited to an immediate physical harm to the victim. In other words, making the threat is sufficient and the actual obtainment of money or property is not required to commit the offence.Įxtortion is different from the crime of robbery: in robbery, the property is taken against the will and without the consent of the victim, while in extortion the victim consents, although unwillingly, to surrender money or property. In many jurisdictions, the intent to take money or property to which one is not lawfully entitled must exist at the time of the threat in order to establish extortion. The actual obtainment of money or property is not required to commit the offence. The extortionate threat required must be serious enough to place a reasonable person in fear. The nature of the threatened harm varies by jurisdiction, and it can include bodily harm, damage to property, damage to reputation, criminal accusations, or abuse of a public office. Generally, extortion statutes require that a threat must be made to the person or property of the victim. Common law jurisdictions also refer to a second type of extortion, extortion "under colour of office" or "under colour of official right", which is the wrongful taking by a public officer of money or property that is not due to him/her, whether or not the taking was accomplished by force, threats, or use of fear.īesides some exceptions, such as in the case of extortion "under colour of office" or "under colour of official right", the act required for extortion is the threat of future harm. Such coercive extortion is synonymous with the term blackmail, which is an older term used to indicate extortion. Extortion consists of obtaining property from another through the wrongful use of actual or threatened force, violence or fear.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |