BACK TO SECTIONS(2002) 10 SCC 198
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Simplified
Section 384 provides the standard punishment for extortion. Though the base offence is bailable, aggravated forms carry significantly higher non-bailable penalties: putting a person in fear of death or grievous hurt in order to commit extortion (Section 386) carries up to 10 years. The standard 3-year extortion charge is routinely combined with criminal intimidation (Section 506) charges in protection racket and blackmail cases.
Legal Evolution
Section 384 prescribes punishment for extortion as defined in Section 383 — putting a person in fear of injury and thereby dishonestly inducing them to deliver property or sign a document. The three-year maximum for basic extortion increases significantly when the offence is aggravated by the nature of the threat (Section 385-389). Extortion has been a persistent problem in colonial and post-colonial India, applied to organised crime and protection rackets as well as individual threats.
Landmark Precedents
Manoj Mahavir Prasad Khaitan v. State of Bihar (2002)
RELEVANCE
Distinguished extortion from criminal intimidation — extortion requires actual delivery of property induced by fear; intimidation only requires the threat with intent to cause alarm.
Practical Scenarios
"A local goon who demands monthly protection money from shops — Section 384."
"An ex-partner threatening to share intimate images unless paid — Section 384."
Common Queries
Yes — under Section 384, police can arrest an extortionist without a warrant.