Analysis of Coalesced Dimension of Attempt and Unnatural Offence on Extortion as Literated Under Indian Penal Code, 1860 (A Cursive Reality)
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International Journal of Research in Engineering, Science and Management 257
Volume 4, Issue 6, June 2021
https://www.ijresm.com | ISSN (Online): 2581-5792
Analysis of Coalesced Dimension of Attempt
and Unnatural Offence on Extortion as Literated
Under Indian Penal Code, 1860
(A Cursive Reality)
K. Sathish*
Assistant Professor, Department of Criminal Law, Chennai Dr. Ambedkar Govt. Law College,
Pattaraiperumpudur, India
Abstract: This paper presents an analysis of coalesced for a new dimension to resurrect the intent of extortion. The
dimension of attempt and unnatural offence on extortion as rampant increase in the offence of extortion is left unfettered
literated under Indian Penal Code, 1860. due to the everlasting fear imbibed upon the persons against
whom such fear was induced and further the rapidity of the
Keywords: attempt, delivery, extortion, injury, interpretation.
threat cannot be measured in terms, as it is distinctive among
1. Introduction various class of persons or group of persons and differs between
persons. The new developments of decriminalizing a part of
The new era of straddled dynamism coursing through the unnatural offences (voluntary) and judicial view on delimiting
intent of judiciary and legislature ventures to have established the definition of extortion from its attempt seem to be surviving
coalesced dimension in interpreting the term Extortion thereby with dilatory reasons and are contradictory not based on the
reaming it out of the emerging new judicial trends and societal circumstances but due to the varied interpretations adopted by
changes which reminds law as dynamic but projects it with the the judiciary and legal practitioners. On coursing through varied
shade of being primordial in nature. Further, the varied interpretations, judgments, rationale reasoning, debates, law
principles adopted in interpreting the term extortion is paddled commissions, articles, books, research papers and
as a pendulum between literal rule of interpretation and golden commentaries, I was forced to pay much more attention to
rule of interpretation which paves a new enroot to the understand that they have not been interpreted as to the intent
encumbrance of mischief rule. adopted at the time of legislation rather featured with feathers
The adoption of literal/grammatical rule of interpretation in to adopt the reasoning.
the defining extortion reflects to be unambiguous to ascertain
the intent of the legislature as to the delivery of property as not 2. Definition and Meaning of Extortion
an essential element of extortion, rather a mere consent to
deliver the property would fulfill the requisite ingredients of It is a conventional truth that, the words imbibed in the
extortion. The intent of the legislative forefathers was to crave definitions may differ but not the meanings that are conveyed
a law that would adopt different phases of social transformation through it.
witnessed by the society and to element its ingredients to “Extortion is a criminal offence that occurs when a person
protect their intention aided with the legal protection sought by unlawfully obtains money, property, or services from another
the society. The adoption of legal reasoning with the change in person or entity by means of particular types of threats” [1].
the norms of society brought a varied new dimension to the term Section 383 of The Indian Penal Code, 1860 defines
extortion. extortion as: “Whoever intentionally puts any person in fear of
Further, over the rampant increase in the offence of extortion any injury to that person, or to any other, and thereby
in the modern era, the judiciary and legal experts aims to dishonestly induces the person so put in fear to deliver to any
formalize an existing dilemma that frequents an imminent person any property or valuable security, or anything signed or
necessity in distinguishing the act of extortion from its attempt sealed which may be converted into a valuable security,
as that plays out a crucial aspect in each distinctive commits “extortion” [2].
circumstance. Further, with the views adopted by the society for Section 368 of The Indian Penal Code, as originally framed
its transformation and evolving judicial activism has brought a in 1837 defines extortion as: “Whoever intentionally puts any
change in section 377 of Indian Penal Code, which carcasses person in fear of any injury to that person, or to any other, and
*Corresponding author: law2crime@gmail.comK. Sathish et al. International Journal of Research in Engineering, Science and Management, VOL. 4, NO. 6, JUNE 2021 258
thereby fraudulently induces the person so put in fear to deliver collected by him.
any property to any person, or to consent that any person shall The existence of the act of threat or cause of fear for
retain any property, or to affix a seal to any substance, or to properties, valuable security or anything which can be
make, alter or destroy the whole or any part of any document converted into valuables either immediately (physically) or
which is or purports to be a valuable security, is said to commit constructively, lettered in legal language as extortion and due
“extortion”. to its prevalence over various societies, its existence became so
According to section 253 of German Criminal Code, imminent in most of the penal laws of various countries.
Extortion is defined as Whoever unlawfully, by force or threat Extortion is both a tort and a crime and is perhaps far more
of serious harm, coerces a person to do, acquiesce to or refrain common than most of us think. The image of the sleazy
from an act, and thereby damages that person’s or another’s blackmailer demanding money or threatening to publicize an
assets for the purpose of wrongful personal enrichment or old scandal is seldom the act that leads to litigation involving
enrichment of a third party, incurs a penalty of imprisonment extortion. Instead, far more subtle actions can lead to
for a term not exceeding five years or a fine [3]. allegations that one has committed extortion [7].
In its most basic definition, extortion is the obtaining of The changes in the law are not due to their dynamic character
property from another, with his/her consent, induced by the but it’s an outcome of various factors and the society plays a
wrongful use of actual or threatened force, violence, fear or critical role in defining their laws which makes a temporary
under colour of official right [4]. inheritance to achieve its progresses.
Extortion is the practice of obtaining benefit through
coercion. In some jurisdictions, actually obtaining the benefit is 4. Role of Judiciary in Dimensioning the Term Extortion
not required to commit the offence, and making a threat of The elements/ingredients of any offence have a prudence and
violence which refers to a requirement of a payment of money rationale behind it. The foresightedness or sustainable space for
or property to halt future violence is sufficient to commit the judicial intervention or judicial activism all intertwined to
offense [5]. restraint the offence within the intent of legislatures by
The Black’s Law English Dictionary defines extortion as ‘the interpreting the ingredients.
offence committed by a public official who illegally obtains Unlike, in other penal laws, the Indian Penal Code, 1860
property under the color of office, especially an official’s doesn’t use the term force or recognizes the use of force as an
collection of an unlawful fee. In this sense, it is also termed ingredient in the offence of extortion.
common-law extortion. It is ‘the act or practice of obtaining The main ingredients of the offence of extortion are:
something or compelling some action by illegal means, as by i. The accused must put any person in fear of injury to
force or coercion’. Extortion from popular usage is the act of that person or any other person;
obtaining money or property by threat to a victim’s property or ii. The putting of a person in such fear must be
loved ones, intimidation, or false claim of a right. It is a felony intentional;
in all states of the United States of America. It becomes a iii. The accused must thereby induce the person so put
federal offence if the crime spans across states, except that a in fear to deliver to any person any property,
direct threat to harm the victim is usually treated as a crime of valuable security or anything signed or sealed which
robbery [6]. may be converted into a valuable security; and
Extortion involves moveable or immoveable property to be iv. Such inducement must be done dishonestly [8].
delivered to the perpetrator. This may be expressed in signed Before a person can be said to put any person to fear of any
undated documents like cheques, documents, title deeds etc. In injury to that person, it must appear that he has held out some
some jurisdictions, proof of the threat either spoken or written threat to do or omit to do what he is legally bound to do in
is sufficient to secure a conviction. The property may not need future. If all that a man does is to promise to do a thing which
to pass or move. In some other jurisdictions, the property will he is not legally bound to do and says that if money is not paid
have to pass to prove extortion. to him he would not do that thing, such act would not amount
to an offence of extortion [9].
3. A Clinical Historical View Intention: The term intention cannot be precisely defined in
Extortion is an age old crime and is commonly termed to be a stricter and narrower sense as it has a wider perspective and
one of the traditional crimes surviving its existence through fear cannot be limited by rigid composition of its meaning. Intention
among people. Extortion was presumed to be in existence is the conscious exercise of the mental faculties of a person to
across globe and its expansion went on to vertical projection do an act, for the purpose of accomplishing or satisfying a
through the greed, need, power and fear of people. The intent purpose [10].
of the law makers in drawing a provision was subjected to "To intend is to have in mind a fixed purpose to reach a
rationality in creating a society of truth and justice with a shade desired objective; and the intention is used to denote the state
of morality. of mind of a man who not only foresees but also desires the
The term extortion had a different connotation in common possible consequences of his conduct. It will be noted that there
law. It evolved with the concept of extortion as an offence to be cannot be intention unless triers is also foresight, since a man
committed by a public officer when he receives any money or must decide to his own satisfaction, and accordingly must
valuable which is not due to him or not been directed to be foresee, that to which his express purpose is directed. Again, aK. Sathish et al. International Journal of Research in Engineering, Science and Management, VOL. 4, NO. 6, JUNE 2021 259 man cannot intend to do a thing unless he desires to do it." [11] "dishonestly" itself indicates the intention of causing wrongful In accordance to the usage of Indian Penal Code, the idea of gain or wrongful loss which naturally implies the delivery of intention in law is also expressed by words such as property or valued security, etc. [18]. ‘voluntarily’, willfully, deliberately, deliberate intention, with If there were only two in a given case and one of them had the purpose of, or knowingly. exerted pressure on the other to secure some information it Injury: The word “injury” denotes any harm whatever would not be a case of conspiracy but a case of extortion of illegally caused to any person, in body, mind, reputation or some information by one from the other [19]. property [12]. The views adopted by the 5th law Commission in The threat of causing injury of fear of injury contemplated differentiating extortion from its attempt by inferring the term must be one which the accused himself can inflict or cause to dishonestly as an implied understanding as to the delivery of be inflicted and the threat of divine punishment will not come property suffers out of ambiguity. The term ‘Dishonestly’ has under it [13]. The Parliament's primary concern was to enable been defined under the Indian Penal Code whereas it is not an only victims who suffered "injury", be it physical or emotional independent term or distinctive term in relation to the offence (in its most direct and proximate sense, as opposed to those who of extortion as the term dishonestly is succeeded by the word were merely inconvenienced or whose injury or loss was induces which is a combined word that differentiates extortion remote). The phrase "loss or injury" is limited to "the person from robbery. The term ‘induces’ in the definition of extortion whose suffering is the direct and most proximate result of the is the implied understanding of consent obtained by putting the crime." It further reasoned that the phrase "victim" means a person under fear of injury by the accused. person who has suffered any loss or injury caused by reason of The term “valuable security” denote a document which is, or the act or omission for which the accused person has been purports to be, a document whereby any legal right is created, charged [14]. extended, transferred, restricted, extinguished or released, or Further, the term fear is a dynamic variable which cannot be where by any person acknowledges that he lies under legal limited in a strict or narrower sense. It is subjected to be liability, or has not a certain legal right [20]. determined on consideration of varied factors such as the Attempt: Attempt begins where preparation ends. A person distinctive character of a person and his circumstances. The fear commits the offence of ‘attempt to commit a particular offence of injury must have caused reasonable apprehension in the mind when i) he intends to commit that particular offence, ii) he, of the victim or indicative that injury might be the consequence having made preparations and with the intention to commit the of such threat. Further, the fear caused must indicate the present offence, does an act towards its commission, such an act need ability of the assailant to achieve his purpose or object. The not be the penultimate act towards the commission of that apprehension of threat of injury must be present and immediate, offence but must be an act during the course of committing that though not required to be direct and proximate. The threat of offence [21]. injury may not necessarily be always expressed, it may also be There is a thin line between the preparation for and an implied under certain circumstances. The threat of injury must attempt to commit an offence. Undoubtedly, a culprit first be present at the time of dishonest inducement for the delivery intends to commit the offence, then makes preparation for of property. If the threat does not continue or cease by the time committing it and thereafter attempts to commit the offence. If of giving consent for the delivery of property, the offence of the attempt succeeds, he has committed the offence; if it fails extortion cease to exist, rather survives an attempt to extort or due to reasons beyond his control, he is said to have attempted in order to the commission of extortion. A consent is not such a to commit the offence [22]. A person intended to commit an consent as it intended by any section of this Code, if the consent offence followed with some/any act towards the commission of is given by a person under fear of injury, or under a such offence and thereby failed in accomplishing or achieving misconception of fact, and if the person doing the act knows, or the purpose or object behind such an attempt is said to have has reason to believe, that the consent was given in consequence attempted to commit an offence or captioned as whoever in of such fear or misconception [15]. order to commit the offence. The offender primarily to achieve When a person causes fear of injury to any person and his object attempts to commit an offence and, secondly, in such thereby draws consent from him, which is not a free consent, attempt, does any act towards the commission of the offence, then that can be termed as extortion and when such a threat was and any such act if unable to accomplish, he is liable for an been made and consent couldn’t be obtained then that falls attempt to commit such offence. within the ambit of attempt to extortion Delivery: The offence of extortion is complete upon the Dishonestly: The word dishonestly is expressed as, “whoever demand being made, irrespective of whether any property is does anything with the intention of causing wrongful gain to transferred [23]. one person or wrongful loss to another person, is said to do that "So one of the necessary ingredients of the offence of thing “dishonestly” [16]. Wrongful gain” is gain by unlawful extortion is that the victim must be induced to deliver to any means of property to which the person gaining is not legally person any property or valuable security, etc. That is to say, the entitled. “Wrongful loss”.—“Wrongful loss” is the loss by delivery of the property must be with consent which has been unlawful means of property to which the person losing it is obtained by putting the person in fear of any injury. In contrast legally entitled. Gaining wrongfully, losing wrongfully [17]. to theft, in extortion there is an element of consent, of course, According to the 5th Law Commission the word obtained by putting the victim in fear of injury. In extortion the
K. Sathish et al. International Journal of Research in Engineering, Science and Management, VOL. 4, NO. 6, JUNE 2021 260 will of the victim has to be overpowered by putting him in fear extortion from extortion. The intention of a person is his desired of injury. Forcibly taking any property will not come under this purpose or foreseeable consequences of his act for definition. It has to be shown that the person was induced to accomplishing or satisfying his object. Therefore, when part with the property by putting him in fear of injury [24]. intentionally a person puts another in fear and dishonestly The term extortion as expressed in the Indian Penal code does induces for the delivery of property, whether the person not require actual delivery of property or valuable security but subjected to fear of injury has consented to the delivery of inducement of the person to put in fear to deliver the property property or not, or has consented to deliver the property at a or valuable security [25]. In order to commit an offence of later point of time, all the elements of extortion are complied extortion the person who was put in fear must have been with and thereby whether delivery of property is transferred or induced to deliver a property. In other words, to constitute not, the offence tantamount falls within the ingredients of extortion, it is not enough that the wrong doer had done his part; extortion. Whereas, when a person has failed to obtain the it must produce the result also. If it fails to produce the requisite consent for the delivery of property even after instilling the effect, the act would remain only at the stage of attempt. The intention to cause fear and succeeds in the mind of the victim essence of the offence of extortion is in the actual delivery of that he has the ability to cause fear of injury/harm and possession of the property by the person put in fear and the dishonestly induces for the delivery of property, is said to have offence is not complete before such a delivery [26]. cause attempt to extortion or is also termed by the legislatures If any person is confronted by any wrong doer armed with as “in order to commit extortion”. dagger or pistol and thereafter he made some utterances Further, the other ambiguity that is indiscernible in the demanding some money, that can be said to be an act of provision of extortion is that of rationality in the penalization. extortion [27]. Therefore, the offence of extortion does not The 5th Law Commission made few recommendations of require actual delivery of property. which they sought for a substitution of the words “may be The primitive factor of fear created among the people by an punished with imprisonment for life” occurring in Sections 388 individual, group or organized members to acquire the property and 389 with imprisonment of lesser periods [30]. A bare through dishonest inducement and enrich out of the wrongful perusal of these sections would show that sentences are severe gain thereby causing wrongful loss to the other. The wrongful and disproportionate and perhaps violate the doctrine of gain or loss is the factor concerned with the fear in the mind of proportionality. Therefore, the substitution of the words "may the people and need not be the actual delivery of the property be punished with imprisonment for life" with "lesser periods of into the hands of the person causing such fear to that person or sentence" is called for [31]. by putting any other person in whom he is interested. The indiscernible ambiguity that to be probed in the offence Further, with the advent of judicial activism the courts have of extortion is that the punishment for putting a person or adopted the Golden Rule of Interpretation to the term extortion. attempting to put a person in fear of accusation of an offence The golden rule of interpretation has been subjected in under Section 377 of the Indian Penal Code with the object of interpreting extortion by adopting the literal/grammatical rule committing extortion or attempting to commit extortion “may of interpretation indistinctly to the term dishonestly. The term be punished with imprisonment for life”, which is highly dishonestly is succeeded by the word induces in the definition disproportionate as for both the attempt to extort and extortion of extortion which if given literal meaning would mirror the involve the same magnitude of the punishment. An act of true intent of the legislature. The literal or Grammatical extortion in the name of an accusation is seen to be graver in principle of interpretation means that the words of an enactment comparison with the same parent section 377 of Indian Penal are to be given their ordinary and natural meaning, and if such Code. meaning is clear and unambiguous, effect should be given to a provision of a statute whatever may be consequences [28]. The 5. Conclusion object of interpretations being to know what the legislature The definition of extortion has survived its existence for intended, whatever was the intention of the legislature has been more than 160 years by craving itself a lineage through the expressed by it through words which are to be interpreted wisdom, legislative freedom, judicial activism and intervention. according to the rules of Grammer [29]. The term Extortion has starved even beyond the contradictory There exists an ambiguity in the definition of extortion as to interpretations over its ambiguities beyond the the delivery of property whether needs to be physical or recommendations made by the 5th Law Commission. The intent constructive, immediate or remote. On close perusal of the of the legislatures enunciate that the extortion being one of the definition of extortion, it is transparently clear that the primary predatory crimes and often been done in an organized form by elements/ingredients of extortion are intention, fear and an individual or group and thereby enrich out of the fear of the dishonest inducement. On viewing through the definition of other. In a civilized society like India marching towards the Extortion, the word intention precedes the term fear, and in eradication of crimes with acute rationality behind every order to commit the offence of extortion, a person causing fear legislation has pictured the strength of each enactment. of any injury must preliminarily possess intention to cause such Extortion is often based on the circumstantial complexity, as to a fear and merely causing fear of injury without intention is not the need and greed between two or more persons. The reasoned an offence. The term intentionally used in the offence of judgments by the judiciary in cases of extortion were often extortion, plays an active role in distinguishing attempt of confronted, as to the adoption of Golden Rule of interpretations
K. Sathish et al. International Journal of Research in Engineering, Science and Management, VOL. 4, NO. 6, JUNE 2021 261
in postulating the concept of delivery which made the delivery [4] United States v. Hooks, 2005 U.S. Dist. LEXIS 37466 (W.D. Tenn. Dec.
12, 2005), Last visited on 16/05/2021
a more complicated ingredient in the offence of extortion. In [5] Mince-Didier, Ave. “Extortion: Laws, Penalties and Sentencing”.
view of literal interpretation and in order to adopt the legislative WWW.criminaldefenselawyer.com. Last visited on 17/05/2021
intent, seems to be coursing on two distinctive prospects of [6] IJOCLLEP 1 (3) 2019.
[7] https://www.stimmel-law.com/en/articles/extortion-essential-elements-
extortion, one when intention and fear coupled with attempt to
and-broader-reach-rico, Last visited on 17/05/2021
induce has been made but failed to succeed in obtaining the [8] R.S. Nayak vs A.R. Antulay & Anr, 1986 AIR 2045, 1986 SCR (2) 621.
consent for the property can be termed termed as “in order to [9] Gursharan Singh vs. State of Punjab on 10 September, 1996.
commit extortion” and when he has obtained the consent even [10] PSA Pillai’s Criminal Law 11th Edition Pg 42
[11] Ramkumar Vs State of Rajasthan AIR 1970 Raj 60, 1970 CriLJ 486, 1969
though the actual delivery of the property is not immediately WLN 215.
effectuated it can be termed as “extortion”. The words connote [12] Section 44 of Indian Penal Code.
different intent but the object has to be precise and accurate to [13] PSA Pillai’s Criminal Law 11th Edition Pg. 744.
[14] Ram Phal vs. State and Ors. on 28 May, 2015.
be achieved and by adopting the meaning of the words [15] Section 90 of Indian Penal Code.
prescribed expressly in the definition of extortion seems to be [16] Section 24 of Indian Penal Code.
complete as to the delivery either maybe physical or [17] Section 23 of Indian Penal Code.
[18] Law Commission of India Report No. 156, Para Clause 162, Last Visited
constructive and mere consent to part the property will on 17/05/2021.
complete the intent of the legislatures. [19] S. P. Gupta vs. Union of India & Anr on 30 December, 1981.
“The object lettered through a definition cannot be [20] Section 30 of Indian Penal Code
[21] Sudha Tripathi Vs. The State of Madhya Pradesh on 2 May, 2019
interpreted by the words enshrined in it”. [22] Ibid.
[23] Ku. Ekta @ Eki Jain vs. The State of Madhya Pradesh on 22 May, 2020.
References [24] Ibid.
[25] Jitendra Singh @ Munna Singh vs State of U.P Thru Secy Home Lko &
[1] Extortion – Essential elements and the broader reach of RICO Last visited Ors on 1 August, 2019.
on 13/05/2021. [26] Tasim & Ors vs State Nct of Delhi on 24 March, 2014.
[2] The Indian Penal Code, as Originally Framed in 1837, Indian Law [27] Ramjee Singh vs State of Bihar 1987 Cri. L. J, Page No. 137.
Commission. [28] T. Bhattacharyya, The Interpretation of Statutes, Central Law Agency,
https://books.google.co.in/books?id=A9UXAAAAYAAJ&printsec=fron Allahabad, 8th Edition, Page No. 10.
tcover&source=gbs_ge_summary_r&cad=0#v=onepage&q=extortion36 [29] Ibid.
8&f=false Last Visited on 16/05/2021 [30] Law Commission of India Report No. 156, Para Clause 163, Last Visited
[3] https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html, on 17/05/2021
Last Visited on 16/05/2021 [31] Ibid.You can also read
