What is Section 386 IPC? Extortion by putting in fear of death or grievous hurt
Published on: Lawiz Team
Learn about Section 386 IPC: Extortion by putting in fear of death or grievous hurt
Official Legal Text
Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 386 punishes anyone who commits extortion by putting a person in fear of death or grievous hurt.
Purpose
To ensure strict punishment for extortion where the victim is threatened with death or serious injury.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The victim must be put in fear of death or grievous hurt. 2. The intent must be to commit extortion. 3. The fear must be sufficient to force the victim to deliver property.
Punishment Details
Imprisonment of either description for a term which may extend to ten years, and a fine.
Illustrative Example
If a person threatens to kill another unless they pay money, it is an offence under Section 386.
Legal Defenses
If the accused can prove that there was no threat of death or grievous hurt, they may be acquitted.
Related Sections
Related to Section 383 (Extortion) and Section 387 (Extortion with threat of death).
FAQs
What does Section 386 IPC define?
Extortion by putting a person in fear of death or grievous hurt.
How is 'Extortion by putting a person in fear of death or grievous hurt' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 386 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 386?
Examples include real-life cases involving extortion by putting a person in fear of death or grievous hurt.
Is Section 386 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 386 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 386 significant?
It holds importance in the framework of criminal law.