What is Section 388 IPC? Extortion by threat of accusation of offence punishable with death or life imprisonment
Published on: Lawiz Team
Learn about Section 388 IPC: Extortion by threat of accusation of offence punishable with death or life imprisonment
Official Legal Text
Whoever commits extortion by threatening to accuse any person of having committed an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to commit such offence, or to cause such accusation to be made, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life.
What This IPC Section Means – Explained in Simple Words
Section 388 punishes anyone who commits extortion by threatening to accuse another person of an offence punishable with death, life imprisonment, or imprisonment of up to seven years.
Purpose
To prevent individuals from using false accusations as a means to extort money or property.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The victim must be threatened with accusation of a serious offence. 2. The offence must be punishable with death, life imprisonment, or severe imprisonment. 3. The intent must be to commit extortion.
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 falsely accuse another of murder unless they pay money, it is an offence under Section 388.
Legal Defenses
If the accused can prove that the accusation was true or made without malicious intent, they may be acquitted.
Related Sections
Related to Section 389 (Extortion by threat of accusation) and Section 385 (Extortion by putting in fear of injury).
FAQs
What does Section 388 IPC define?
Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc..
How is 'Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 388 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 388?
Examples include real-life cases involving extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc..
Is Section 388 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 388 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 388 significant?
It holds importance in the framework of criminal law.