What is Section 385 IPC? Putting person in fear of injury in order to commit extortion
Published on: Lawiz Team
Learn about Section 385 IPC: Putting person in fear of injury in order to commit extortion
Official Legal Text
Whoever, in order to the committing of extortion, puts any person in fear of injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 385 punishes anyone who, with the intention of committing extortion, puts another person in fear of injury.
Purpose
To punish individuals who use threats of injury to extort money or valuables, even if the extortion is not completed.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. The accused must put another person in fear of injury. 2. The intent must be to commit extortion. 3. It is not necessary that the extortion is actually committed.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or a fine, or both.
Illustrative Example
If a person threatens another with harm to force them to pay money, it is an offence under Section 385, even if the money is not paid.
Legal Defenses
If the accused can prove that there was no threat or intention of extortion, they may be acquitted.
Related Sections
Related to Section 383 (Extortion) and Section 386 (Extortion with fear of death).
FAQs
What does Section 385 IPC define?
Putting person in fear of injury in order to commit extortion.
How is 'Putting person in fear of injury in order to commit extortion' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 385 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 385?
Examples include real-life cases involving putting person in fear of injury in order to commit extortion.
Is Section 385 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 385 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 385 significant?
It holds importance in the framework of criminal law.