A threatens to send club-men to plough up Z’s field if he did not sign and deliver to B a bond binding Z under a penalty to deliver certain produces to B, and thereby induces Z to do so. What offence, if any, is committed by A?

Question: A threatens to send club-men to plough up Z’s field if he did not sign and deliver to B a bond binding Z under a penalty to deliver certain produces to B, and thereby induces Z to do so.

What offence, if any, is committed by A? Give reasons and also refer to relevant provision, if any, under I.P.C. [W.B.J.S. 1995]

Find the answer to the mains question only on Legal Bites. [A threatens to send club-men to plough up Z’s field if Z will not sign and deliver to B a bond binding Z under a penalty to deliver certain produces to B, and thereby induces Z to sign and deliver the bond…. What offence, if any, is committed by A?]

Answer

Section 383. Extortion.— 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”.

The essential ingredients of the offence of extortion are:

1. intentionally putting a person in fear of injury;
2. the purpose of which is to dishonestly induce the person to put in fear, and
3. to deliver property or valuable security

In the case of Abdulvahab Abdul Majid Shaikh v State of Gujarat (2007) 4 SCC 257, the Hon’ble SC has held that the fear of injury contemplated under this section need not necessarily be bodily harm or hurt. It will include injuries to the mind, reputation or property of the person.

The present facts of the case are borrowed from Illustration (c) to section 383. In the present case, A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B and thereby induces Z to sign and deliver the bond. A has committed extortion.

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