PRINCIPLE: Whoever intentionally puts any person in fear of any injury to that person, or to any other,…
A commits extortion under section 308(1) of the Bharatiya Nyaya Sanhita, 2023. A dishonestly induces B to hand over money by threatening harm to B's reputation. Illustration…
Choose your answer
PRINCIPLE: 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”.
FACT: “A” threatens to publish a defamatory libel concerning “B” unless “B” gives Rs. 5 lakhs. “A” thus induces “B” to give him money.
Answer and explanation
Correct answer B
A commits extortion under section 308(1) of the Bharatiya Nyaya Sanhita, 2023. A dishonestly induces B to hand over money by threatening harm to B's reputation. Illustration (a) describes the same type of threat and payment.
Option feedback
Option A
Incorrect. “A” did not actually publish the defamatory libel; rather, he used the threat of reputational injury to dishonestly induce “B” to deliver money, which constitutes extortion.
Option B
Correct. Under the stated principle and Illustration (a) to Section 308(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 383 of the IPC, 1860), threatening to publish a defamatory libel concerning “B” unless “B” gives money, and thereby inducing “B” to give money, constitutes extortion.
Option C
Incorrect. The offence is far beyond mere preparation because “A” not only made the threat of injury (reputational harm) but actually induced “B” to deliver the money.
Option D
Incorrect. A commits extortion by using the threat to induce delivery of money.
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