Understanding Extortion: Legal Definitions and Consequences

Extortion is defined as the act of obtaining money, property, or other valuables from someone through threats or coercion. It can involve threats of violence, harm, or any other adverse action if the victim does not comply. Under Indian law, extortion is specifically addressed in Section 308 of Bharatiya Nyay Sanhita (BNS).

Kinds of Extortion under BNS 308:

• Threatening to harm someone physically or financially if they do not pay money.

• Threatening to reveal embarrassing or damaging information about someone if they do not comply with your demands.

• Threatening to damage someone’s property or reputation if they do not comply with your demands.

• Using fear or intimidation to force someone to hand over their property or assets as per section 308 BNS.

• Threatening to file false criminal charges against someone if they do not comply with your demands.

• It’s important to note that these actions, if proven, can result in serious legal consequences, including imprisonment and fines, as per section 308 BNS.

Legal Framework under Bharatiya Nyay Sanhita:

Section 308(2): Threatening to spread harmful information unless money is paid: Punishable up to 7 years imprisonment, a fine, or both.

Section 308(3): Threatening to harm a child to force someone to sign a financial document is extortion: Punishable up to 2 years imprisonment, a fine, or both

Section 308(4): Threatening to destroy property unless a document is signed : Punishable up to 7 years in prison, or a fine.

Section 308(5): Threatening serious harm to get someone to sign a blank document, which could be turned into a valuable document: Punishable up to 10 years imprisonment, or with fine.

Section 308(6): Threatening to kill someone’s child unless money is paid: Punishable up to 10 years imprisonment, and fine.

HERE IS WHAT YOU DO NEXT IF YOU’RE A VICTIM:

Police Procedure:

1. Report to the Police: Go to the nearest police station and file a First Information Report (FIR). Provide all details, including any threats, evidence, and the identity of the extortionist, if known.

2. Provide Evidence: Submit any evidence you have, such as messages, emails, or recordings that show the extortion attempts.

3. Police Investigation: The police will investigate the matter, which may include tracing communications, identifying suspects, and gathering more evidence.

4. Arrest: If the police find sufficient evidence, they may arrest the accused and present them before a magistrate.

5. Chargesheet: After the investigation, the police will file a chargesheet in court, detailing the evidence against the accused.

Legal Remedies:

1. Court Proceedings: Once the chargesheet is filed, the court will conduct hearings. The victim may need to testify and present evidence.

2. Protection Orders: If you feel threatened, request a protection order from the court to prevent the accused from contacting or harassing you further.

3. Compensation: In some cases, the court may order the extortionist to pay compensation to the victim.

4. Legal Representation: It's advisable to hire a lawyer to represent you throughout the legal process, ensuring your rights are protected.

5. Follow-Up: Keep in regular contact with the police and your lawyer to stay informed about the progress of the case.