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A threatens to publish a damaging imputation about Z unless Z pays. Frightened by the threat, Z pays A,…

Section 308(1) defines extortion as intentionally causing fear of injury and thereby dishonestly inducing delivery of property or a qualifying instrument. Illustration (a)…

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A threatens to publish a damaging imputation about Z unless Z pays. Frightened by the threat, Z pays A, who dishonestly sought the money. Which offence under the Bharatiya Nyaya Sanhita, 2023 captures the dishonest inducement to deliver the money?

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Answer and explanation

Correct answer D

Section 308(1) defines extortion as intentionally causing fear of injury and thereby dishonestly inducing delivery of property or a qualifying instrument. Illustration (a) applies that rule to payment induced by a threat to publish a defamatory imputation.

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Option A

The facts establish a threat to publish an imputation. The question asks which offence captures the resulting delivery of money.

Option B

Robbery by extortion requires, among other things, fear of instant death, instant hurt or instant wrongful restraint.

Option C

A threat to reputation can be criminal intimidation. The resulting delivery of money is the element that the extortion provision captures.

Option D

A intentionally caused fear of injury and thereby dishonestly induced Z to deliver money.

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