Extortion
Define theft and extortion. What are the distinguishing features between these two?
Introduction
Under the Pakistan Penal Code, it has been defined that when a person obtains money, property, or other valuables from others by use of force, threat, or violence, it is called extortion and it is a criminal act in the eyes of law. Extortion is such crime that can take place by telephone, via voicemail, text email, or other computer or wireless communication. If any method of extortion is used for unlawfully obtaining money or property, it can be a federal crime. Extortion involves the consent of the victim but that consent is taken by undue influence or by the use of unfair means
Meaning of extortion
The word extortion is a Latin word that means” to get something by force or threats”
Definition of extortion
The practice of obtaining something especially money or other property from people by use of force or threat is called extortion
Definition of Theft
A criminal act in which property of another is stolen without the consent of the owner
Explanation of extortion
If A pressurizes to B, to sign on a blank paper by putting him in fear of death or grievous hurt, B signs and delivers the paper to A. And A converts the signed paper into a valuable security. A has committed extortion
Essential elements of extortion
The following are the essential elements of extortion. Details are given below.
Intention
Intention is an essential element of extortion. As we already are aware if a person is not guilty of any offense until his mind is also guilty. It means that to establish the offense of extortion, the guilty mind of the accused has to be proved
Threat of injury
The threat of injury is an essential element of extortion. The threat of injury must be present to deliver any property to the accused and such injury can be in body, mind, reputation, or property.
Delivery of property or valuable security
Delivery of property is an essential element of extortion. The property or valuable security should be delivered by the person who is in fear of injury to the accused
Inducement
Inducement is an essential element of extortion. If a person is induced to deliver his property to the accused by fear of injury, it is an offense of extortion, if possession was obtained peacefully there is no extortion
Punishment for extortion
Under the Pakistan Penal Code, the following is the punishment for those who commit extortion against another person by use of unfair means such as the use of force, threat or violence, etc.
- Imprisonment with a term of three years
- The fine can be imposed
- Both imprisonment and fine
Punishment for putting a person in fear of injury
Under the Pakistan Penal Code, the following is the punishment for those who commit extortion against another person by keeping them in fear of injury
- Imprisonment with a term of two years
- The fine can be imposed
- Both imprisonment and fine
Punishment for putting a person in fear of Death
Under the Pakistan Penal Code, the following is the punishment for those who commit extortion against another person by keeping them in fear of death
- Imprisonment with a term of ten years
- The fine can be imposed
- Both imprisonment and fine
Punishment for putting a person in fear of Grievous hurt
Under the Pakistan Penal Code, the following is the punishment for those who commit extortion against another person by keeping them in fear of grievous hurt
- Imprisonment with a term of seven years
- The fine can be imposed
- Both imprisonment and fine
Punishment for putting a person in fear of accusation of offense
Under the Pakistan Penal Code, the following is the punishment for those who commit extortion against another person by keeping them in fear of accusation of an offense
- Imprisonment with a term of ten years
- The fine can be imposed
- Both imprisonment and fine
Punishment for putting a person in fear of accusation of an offense punishable with death or life imprisonment
Under the Pakistan Penal Code, the following is the punishment for those who commit extortion against another person by keeping them in fear of accusation of an offense punishable with death or life imprisonment
- Imprisonment with a term of ten years
- The fine can be imposed
- Both imprisonment and fine
Types of crimes in Pakistan
Following are the types of crime in Pakistan which are punishable under the Pakistan penal code
- Murder
- Rape
- Robbery
- Theft
- Undue influence
- Corruption
- Cybercrime
- Human trafficking
Objectives of Punishment
Following are the objectives of the punishment
- The major objective of the punishment is the protection of the life of the offender
- The second objective of the punishment is the protection of the property of the people
- Another objective of the punishment is the protection of the state and country
- The theory of punishment aim is the maintenance of peace and equality
- The most important objective is the protection of the rights and liberties of the people
- The biggest aim of punishment is to disgrace the crimes and criminal activities
- To prevent the other members of the community from repeating crimes
Conclusion
Under the Pakistan Penal Code, there are different kinds of punishment for theft and extortion because there is a lot of difference between these two. Theft is stealing something without the consent of the owner of the property without making undue influence upon him. However, in extortion there is a difference in the commission of an offense, the accused gets the consent of the owner by using unfair means to obtain something. That’s why P.P.C defines different types of punishment for each offense under a court of law