The following points were considered in this case:
#LEGAL EXTORTION TRIAL#
Further, it is made clear that the petitioner shall remain present before the trial court, as and when directed by the trial court, till conclusion of the trial, failing which, the trial court is at liberty to pass appropriate order for securing the presence of the petitioner.
The petitioner has been made an accused for the offence registered under Section 385 of the IPC. Thus, the appeal was stand allowed accordingly. It, therefore, set aside the impugned order and remit the appeal to the High Court for disposal on merits in the light of this judgment. In this case, it was considered that the High Court erred in dismissing the appeal for non- prosecution simplicitor without examining the merits. The section states that whoever either puts or attempt to put any person in fear of injury in order to the committing of extortion, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. The offence under section 385 is cognizable, bailable and non-compoundable, and is triable by any magistrate therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.
#LEGAL EXTORTION CODE#
Where a police officer was charged with having abetted the accused to extort money from the complainant, it could not be held that he had done the same in his official capacity, and, therefore, necessary sanction under section 197, Code of Criminal Procedure, 1973 for his prosecution was not needed. Where in a criminal case a mukhtyar, with the intention of extorting money, threatened to put scandalous, indecent and irrelevant questions intended to annoy and insult the prosecution witnesses, he was held guilty under this section. The said victim, or any other Person, would be subjected to harm to reputation, or harm to property, or bodily harm, or a mental alarm had caused to the said victim by such inducement. a instrument signed or sealed, which is in the nature of a valuable security,Ĥ.The Person accused, by his conduct, had threatened the victim, by putting him in fear that, Putting in fear and attempting to put in fear of any injury both have been treated at par, and it is not necessary that extortion must take place because the language used is ‘in order to the committing of extortion’. Putting or attempting to put a person in fear of injury in order to commit extortion has been penalised under this section.
Sec 385: Putting person in fear of injury in order to commit extortion
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