Chapter 17Indian Penal Code

IPC Section 386: Extortion by putting a person in fear of death or grievous hurt

Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC Simplified Explanation

IPC Section 386 targets a more severe form of extortion where the offender puts someone in fear of death or grievous hurt to commit extortion. This section deals with situations where the threat level is particularly high, involving the risk of death or serious injury, thereby coercing the victim to part with property, money, or valuable securities. The essence of this offence lies in the use of extreme intimidation and creating a dire situation to induce compliance from the victim. 

Is IPC Section 386 bailable? 

IPC Section 386 is non-bailable. The grave nature of the threats involved, particularly those involving death or grievous hurt, categorizes this offence as non-bailable, requiring judicial oversight for bail considerations. 

IPC Section 386 Punishment 

The punishment under IPC Section 386 is imprisonment for a term that may extend to ten years and also includes a liability to a fine. The severity of the punishment reflects the potential harm and the psychological impact of such extreme threats on the victim. 

Example of IPC Section 386 

A real-life example of IPC Section 386 occurred when a businessman was kidnapped and held at gunpoint. The kidnappers threatened to kill him unless his family paid a large ransom. Under immense fear for the businessman’s life, the family complied with the demand. However, law enforcement tracked the ransom payment and successfully rescued the businessman while apprehending the kidnappers. In court, the kidnappers were charged under IPC Section 386 due to the use of life-threatening coercion to extort the ransom. They received lengthy prison sentences and were ordered to pay fines, emphasizing the seriousness of their actions and the law’s strict stance against such high-level extortion.

Vardhaman Raj

Vardhaman Raj is a distinguished advocate with over 25 years of experience in the Indian legal system. Vardhaman has dedicated his career to criminal law and civil rights, gaining a reputation for his unwavering integrity, meticulous attention to detail, and compassionate advocacy for his clients. Vardhaman's expertise spans various legal areas, including criminal defence, family law, and public interest litigation.

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