What is Section 389 IPC? Putting in fear of accusation to commit extortion
Published on: Lawiz Team
Learn about Section 389 IPC: Putting in fear of accusation to commit extortion
Official Legal Text
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, 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 389 punishes anyone who uses the threat of accusing someone of an offence as a means to extort money or property.
Purpose
To protect individuals from being blackmailed or extorted using false accusations of crime.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The accused must threaten the victim with an accusation of an offence. 2. The intent must be to commit extortion. 3. The accusation may be true or false.
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 accuse another of theft unless they pay money, it is an offence under Section 389.
Legal Defenses
If the accused can prove that the accusation was true and made without malicious intent, they may be acquitted.
Related Sections
Related to Section 388 (Extortion by threat of accusation) and Section 387 (Extortion by fear of death).
FAQs
What does Section 389 IPC define?
Putting person in fear of accusation of offence, in order to commit extortion.
How is 'Putting person in fear of accusation of offence, in order to commit extortion' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 389 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 389?
Examples include real-life cases involving putting person in fear of accusation of offence, in order to commit extortion.
Is Section 389 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 389 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 389 significant?
It holds importance in the framework of criminal law.