EXTORTION
1 RELEVANT PROVISION:
Sections 383 to 400 of P.P.C. 1860.
2 MEANING & DEFINITION OF EXTORTION:
(1) ACCORDING TO LAW LEXICON:
Its ordinary and proper legal meaning is the taking of money or any valuable thing by any public officer by the color of his office, and otherwise than in good faith on a mistake as to the law, where none or less is due; or before it is due.
1) STATUTORY DEFINITION OF EXTORTION:
According to Section 383 of the Pakistan Penal Code, 1860;
Defines Extortion as follows;
"Whoever intentionally puts any person in fear of an injury to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits "extortion",
(III) EXPLANATION:
(1) A threatens to publish a defamatory liability concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(ii) A dishonestly induces Z to sign on a blank paper by putting him in fear of grievous hurt Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
3. ESSENTIALS INGREDIENTS OF EXTORTION; UNDER SECTION 383 OF P.P.C:
Following are the essential ingredients of Extortion under Section 383 of P.P.C:
(1) INTENTION HAS TO BE DISHONEST:
A guilty mind is required to prove an extortion offense.
(11) PUTTING THE VICTIM IN THREAT OF INJURY:
The word 'Injury' as used in Section 383 of P.P.C. does not necessarily mean physical injury. Section 44 of P.P.C defines injury as; "Any harm whatever, illegally caused to any person, in body, mind, reputation or property."
(III) INDUCEMENT:
Extortion requires inducement causing fear for property.
(IV) DELIVERY OF PROPERTY OR VALUABLE SECURITY:
The word property as used in Section 383 can be
Movable: or
Immovable
Induced person must deliver property; delivery can be to someone else.
Example: 'A' threatens to kill 'B' if 'B' will not give certain properties to 'C'. Here inducement is coming from 'A' while delivery of property is to 'C'. The offense of extortion is complete.
4. PUNISHMENT FOR EXTORTION; UNDER SECTION 384 P.P.C:
Whoever commits extortion shall be punished with
- (1) Imprisonment of either description for a term which may extend to three years, or
- (ii) Fine, or
- (iii) With both.
5. PUNISHMENT FOR PUTTING A PERSON IN FEAR OF INJURY TO COMMIT EXTORTION; UNDER SECTION 385 OF P.P.C:
Section 385 states that one who puts a person in fear of injury or attempts to put any person in fear of injury to commit extortion shall be punished with
- (i) Imprisonment of either description for a term which may extend to two years, or
- (ii) Fine, or
- (iii) With both.
PUNISHMENT FOR EXTORTION WHILE PUTTING A PERSON IN FEAR OF DEATH OR GRIEVOUS HURT; UNDER SECTION 386 OF P.P.C:
Section 386 states that one who commits extortion while putting a person in fear of death or grievous hurt shall be punished with
- (i) Imprisonment of either description for a term which may extend to ten years, and
- (ii) Shall also be liable to fine.
7. PUNISHMENT FOR PUTTING A PERSON IN FEAR OF DEATH OR GRIEVOUS HURT TO COMMIT EXTORTION; U/S 387 OF P.P.C:
Section 387 provides that one who puts a person in fear of death or grievous hurt to commit extortion shall be punished with
Imprisonment of either description for a term which may extend to seven years, and
Shall also be liable to fine.
PUNISHMENT FOR EXTORTION BY ACCUSATION OF AN OFFENCE PUNISHABLE WITH DEATH OR IMPRISONMENT FOR LIFE ETC.; U/S 388 OF P.P.C:
Section 388 provides that whoever commits extortion by putting any person in fear of accusation of an offence punishable with death, life imprisonment or imprisonment for 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.
Where the offense, feared of accusation, is one punishable Under Section 377 ie. 'Unnatural Offence', he shall be punished with Imprisonment for life.
9. PUTTING A PERSON IN FEAR OF ACCUSATION OF OFFENCE, TO COMMIT EXTORTION; UNDER SECTION 389 OF P.P.C:
Section 389 provides that whoever puts any person in fear of accusation of an offense punishable with death, life imprisonment or imprisonment for ten years to commit extortion shall be punished with
Imprisonment of either description for a term which may extend to ten years, and
Shall also be liable to fine.
Where the offense, feared of accusation, is one punishable Under Section 377 i.e. 'Unnatural Offence', he shall be punished with Imprisonment for life.
ROBBERY
MEANING OF ROBBERY:
According to Law Lexicon;
"Robbery is when a man takes anything from the person of another feloniously."
STATUTORY DEFINITION OF ROBBERY:
Section 390 of P.P.C defines Robbery as follows; "In all robbery, there is either theft or extortion."
(1) WHEN THEFT IS ROBBERY:
Theft becomes "robbery" if the offender causes harm or fear during or after theft.
(II) WHEN EXTORTION IS ROBBERY:
Extortion is "robbery" if the offender induces fear of instant harm to obtain property.
CONCEPT OF ROBBERY; UNDER SECTION 390 OF P.P.C:
Robbery is nothing but an aggravated form of theft or extortion. Robbery can also be described as it is either theft plus violence or it may be extortion plus violence, both are equivalent to robbery.
ie.
- Theft + Violence = Robbery; oг
- Extortion + Violence = Robbery
4. ESSENTIALS OF ROBBERY; UNDER SECTION 390 OF P.P.C:
To hold a person liable for Robbery following essentials must be proved by the prosecution;
THEFT; WHEN BECOMES ROBBERY:
To understand that when theft becomes robbery, it is necessary to look at the meaning of theft, then we will look at how theft becomes robbery.
Theft; under Section 378 of P.P.C:
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft.
Pre-Requisite for Robbery:
Robbery requires intent to deprive coupled with harm, restraint, or fear.
Causing death, hurt, or wrongful restraint or putting in fear of the same:
Robbery necessitates violence or fear induced during the theft.
EXTORTION; WHEN BECOMES ROBBERY?
Extortion becomes robbery if the accused induces fear of immediate harm and demands property on the spot.
6. PROOF OF ROBBERY:
Case Law: 1991 P.Cr.L.J. 826
Held: that court can convict an accused person on the testimony of one dependable witness. Law attaches more importance to quality than to quantity of evidence. Proof of a fact would depend upon the character of witnesses and their competency to speak to that fact.
7. PUNISHMENT FOR ROBBERY; U/S 392 P.P.C:
Whoever commits robbery shall be liable to;
Rigorous imprisonment which shall not be less than three years nor more than ten years, and shall
Also liable to fine.
When robbery is committed on a highway, Imprisonment may be extended to fourteen years.
8. PUNISHMENT FOR ATTEMPT TO COMMIT ROBBERY; UNDER SECTION 393 OF P.P.C:
Whoever attempts to commit robbery shall be punished with:
(i) Rigorous imprisonment for a term which may extend to seven years, and
(ii) Also liable to fine.
9. PUNISHMENT FOR VOLUNTARY CAUSING HURT IN COMMITTING ROBBERY; U/S 394 OF P.P.C:
Whoever while committing or attempting to commit robbery, voluntarily causes hurt shall be punished with;
Imprisonment for life, or
With rigorous imprisonment for a term which shall not be less than four years nor more than ten years, and
Shall also be liable to fine.
DACOITY
DACOITY; MEANING & DEFINITION:
Law Lexicon Dictionary Dacoity is defined as;
"Robbery with violence committed by a gang."
(ii) Statutory Definition of Dacoity:
Section 391 of P.P.C, Dacoity defines as;
"When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt, amount to. five or more, every person committing, attempting, or aiding is said to commit "Dacoity"."
Essential ingredients of dacoity under Section 391 of PPC:
- Five or more persons involved.
- "Conjointly" means jointly or together.
- Persons aiding the offense counted.
- Example: If four plan robbery and one aid, it's dacoity.
- Dacoity is not proven without five or more participants.
VIOLENCE OR THREAT OF VIOLENCE:
Theft becomes dacoity with violence or threat of violence.
ATTEMPTED ROBBERY; WHETHER DACOITY?
Attempted robbery by five or more persons constitutes dacoity; success in taking the loot is irrelevant.
ACTIVE INVOLVEMENT OR AIDING IS MANDATORY:
The mere presence among raiders is insufficient for dacoity; the accused must have committed or aided robbery.
12. CONCEPT OF DACOITY IN P.P.C:
Dacoity under PPC is an offense committed or attempted to be committed by a gang of robbers, while the gang members are not less than five in number.
13. PUNISHMENT FOR DACOITY; U/S 395 OF P.P.C:
Whoever commits Dacoity shall be punished with;
Imprisonment for life, or
(ii) Rigorous imprisonment for a term which shall not be less than four years nor more than ten years, and
(iii) Shall also be liable to fine.
14. FORUM FOR TRIAL:
The offence Under Section 395 has to be tried by the Court of Sessions and the Magistrate of Section 30 has no cognizance to try the same.
15. PUNISHMENT FOR DACOITY WITH MURDER; UNDER SECTION 396 OF P.P.C:
If any one of five or more persons committing Dacoity murders committing Dacoity, each one of such persons shall be punished with;
- Death, or
- Imprisonment for life,
- Rigorous imprisonment for a term which shall not be less than four years nor more than ten years, and
- Shall also be liable to fine.
16. PUNISHMENT FOR ROBBERY OR DACOITY WITH AN ATTEMPT TO CAUSE DEATH OR GRIEVOUS HURT; UNDER SECTION 397 OF P.P.C:
Robbery or dacoity with a deadly weapon or grievous hurt results in a minimum of seven years' imprisonment.
17. PUNISHMENT FOR ATTEMPT TO COMMIT ROBBERY OR DACOITY WHILE ARMED WITH DEADLY WEAPONS; UNDER SECTION 398 OF P.P.C:
Whoever attempts to commit robbery or Dacoity and in doing he is armed with deadly weapons, shall be punished with;
Imprisonment for a term which shall not be less than seven years.
18. PUNISHMENT FOR MAKING PREPARATIONS TO COMMIT DACOITY; UNDER SECTION 399 OF P.P.C:
Whoever makes any preparation to commit robbery shall be punished with;
Rigorous imprisonment for a term which may extend to ten years, and
Shall also be liable to fine.
19. PUNISHMENT FOR BEING A MEMBER OF THE GANG OF DACOITS; UNDER SECTION 400 OF P.P.C:
Whoever shall belong to a gang of dacoits shall be punished
with;
- Imprisonment for life, or
- Rigorous imprisonment for a term which may extend to ten years, and
- Shall also be liable to fine.
20. PUNISHMENT FOR ASSEMBLING TO COMMIT DACOITY; UNDER SECTION 402 OF P.P.C:
Section 402 provides that anyone who is one of the five or more members assembled for Dacoity shall be punished with
Rigorous imprisonment for a term that may extend to seven years, and
Shall also be liable to a fine.
21. THE DISTINCTION BETWEEN THEFT, ROBBERY, AND EXTORTION
Theft:
Definition: Theft involves the dishonest taking of movable property without the owner's consent.
Key Element: The intention to take someone else's property dishonestly.
- Example: Taking someone's wallet without their knowledge.
Robbery:
- Definition: Robbery occurs when theft is accompanied by violence, harm, or the threat of harm.
- Key Element: Involves theft with the use of force, violence, or intimidation.
- Example: Stealing a purse from someone while threatening them with a weapon.
Extortion:
- Definition: Extortion involves obtaining property or money through coercion or intimidation.
- Key Element: Involves inducing fear in the victim to obtain their property or valuables.
- Example: Threatening to release damaging information unless someone pays a sum of money.
Overall, theft involves stealing property without force, robbery involves theft with force or threat of force, and extortion involves obtaining property through coercion or intimidation.
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