Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, 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 punishable under section 377 of this Code, may be punished with imprisonment for life.
IPC Section 389: Simplified Explanation
IPC Section 389 pertains to the offence where an individual puts another person in fear of being accused of an offence, with the intent to commit extortion. This section covers scenarios where the threat is about legal and social consequences rather than physical harm by falsely or wrongfully suggesting that the victim will be accused of a crime, thereby compelling the victim to deliver money, property, or valuable securities. This act of coercion exploits the victim’s fear of legal trouble and societal disgrace.
Is IPC Section 389 bailable?
IPC Section 389 is non-bailable. Due to the potential psychological harm and the serious nature of threatening someone with criminal accusations to extort, this offence requires a judicial decision for bail.
IPC Section 389 Punishment
The punishment under IPC Section 389 is imprisonment for a term that may extend to ten years and includes a liability to a fine. This reflects the severity of exploiting someone’s fear of criminal accusations to manipulate or extort them, recognizing the significant potential impact on the victim’s life.
Example of IPC Section 389
A real-life example of IPC Section 389 involved a former employee who threatened to accuse his previous employer of sexual harassment unless he was paid a large sum of money. The threats were made through anonymous emails and messages, creating a state of distress for the employer. The employer, however, contacted the authorities and worked with them to trace the communications back to the former employee. The employee confessed to making false threats to extort money upon being caught. In court, he was convicted under IPC Section 389 for using the threat of a serious accusation to extort funds. He received a sentence of seven years in prison. He was ordered to pay a significant fine, highlighting the judicial system’s stringent stance on exploitative behaviour.
