Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life.
IPC Section 388: Simplified Explanation
IPC Section 388 addresses the offence of extortion, where the perpetrator threatens to accuse someone of a crime that is punishable by death, life imprisonment, or rigorous imprisonment for seven years or more. This section specifically targets situations where the threat is not of physical harm but of legal and social repercussions by falsely accusing the victim of a serious crime, thereby coercing them to deliver money, property, or valuable securities.
Is IPC Section 388 bailable?
IPC Section 388 is non-bailable. The severe nature of the threats (accusing someone of a crime leading to death or life imprisonment) and the potentially devastating impact on the victim’s life make this offence non-bailable, requiring judicial intervention for bail considerations.
IPC Section 388 Punishment
The punishment under IPC Section 388 is imprisonment for a term that may extend to ten years and also includes a liability to a fine. The extent of the punishment reflects the gravity of using such threats to coerce or manipulate individuals, considering the potential irreversible damage to the victim’s reputation and life.
Example of IPC Section 388
A real-life example of IPC Section 388 involved a corrupt official who threatened a businessman with false charges of drug trafficking (a crime punishable by life imprisonment) unless the businessman paid a substantial bribe. The businessman recorded one of their conversations and approached law enforcement. The police set up a sting operation where they caught the official accepting the bribe and making the threats. In court, the official was convicted under IPC Section 388 due to the severity of his actions—using the threat of a life-ruining accusation to extort money. He was sentenced to nine years in prison. He was fined, highlighting the strict legal response to such manipulative and coercive extortion.
