IPC Section 385: Putting person in fear of injury in order to commit extortion

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC Section 385: Simplified Explanation

IPC Section 385 addresses the offence of extortion when an individual puts another person in fear of injury with the intent to commit it. This section specifically focuses on threatening someone to create a state of fear that compels them to deliver money, property, or valuable securities. The key element here is the use of threats to induce fear of injury, which then leads to extortion. 

Is IPC Section 385 bailable? 

IPC Section 385 is bailable. This allows the accused the right to be released on bail, considering that the law acknowledges the varying degrees of severity and intent in such cases. 

IPC Section 385 Punishment 

The punishment for the offence under IPC Section 385 involves imprisonment of either description for a term that may extend to two years, with a fine, or with both. The actual sentence may depend on factors like the nature of the threats, the vulnerability of the victim, and any previous criminal history of the accused. 

Example of IPC Section 385 

A real-life example of IPC Section 385 involved an employee who threatened to reveal sensitive company information unless he received a significant severance package upon his resignation. He implied that failure to meet his demands would lead to substantial financial loss and reputational damage to the company. The company’s management reported the threats to the police, who investigated and arrested the employee. In court, he was convicted under IPC Section 385, as his threats to release damaging information were intended to extort money. He was sentenced to one year in prison and fined, highlighting the seriousness of using fear as a tool for personal gain.

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