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What is the difference between Extortion and Theft? (Indian Penal Code, 1860)

January 8, 2019 0 Comment

The chief elements of extortion are the intentional putting of a person in fear of injury to himself or another and dishonestly inducing the person so put in fear to deliver to any person any property or valuable security.

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion, (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.

Z signs and delivers the note. A has committed extortion, (c) 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. Z signs and delivers it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.

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Extortion Theft:

1. Consent is obtained by 1. The offender’s intention is putting the person in possession to take without the owner’s of property in fear of injury to sent himself or to any other person, i.e., there is wrongful obtaining of consent.

2. Both movable and immov­able property may be the subject of the offence.

3. There is the element of force for property is obtained by putting a person in fear of injury to that person or to any other.

2. It is limited only to mov­able property.

3. There is no element of force.

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