BACK TO SECTIONSAIR 1971 SC 1132
BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE
Original Text
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'.
Simplified
Section 383 defines extortion — using threats to extract property, money, or valuable securities from a victim. Three elements: (1) intentionally putting a person in fear of injury (to themselves or anyone they care about); (2) the fear dishonestly induces delivery of property or a valuable security; (3) the delivery occurs. The threat need not be of physical injury — threats to reputation (blackmail with compromising photos), threats to property (arson threats), or threats to livelihood all qualify. Extortion differs from robbery in that the delivery of property is not instantaneous and the accused may be remote — a ransom demand, blackmail, or protection money racket are all extortion.
Legal Evolution
Digital extortion (sextortion — threatening to share intimate images, online blackmail) has made Section 383/384 among the most rapidly growing offence categories in India.
Landmark Precedents
Dhanpal Chettiar v. Yesodai Ammal (1971)
RELEVANCE
Extortion requires both putting in fear AND dishonest inducement to deliver property as a result — both elements must be independently proved.
Practical Scenarios
"Threatening to burn a shop unless paid — extortion."
"Demanding money by threatening to publish a defamatory photo — extortion."
"A person who threatens to expose someone's affair unless paid — sextortion/extortion."
Common Queries
Blackmail is a common term for extortion involving threats to reputation or secrets rather than physical violence — both fall under Section 383.
In robbery, the property is taken immediately in the accused's presence with immediate force. In extortion, the victim delivers property because of a threat — which may be communicated remotely and the delivery may occur later.