In this article you will learn about the Difference Between Criminal Intimidation and Extortion in IPC.
Criminal Intimidation
It is defined under Section 503 of the IPC. It involves the act of intentionally causing another person to fear for their safety or the safety of their property. Criminal Intimidation is defined as – "Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation." This is less serious in nature.
The objective of criminal intimidation is
- to cause alarm to that person or;
- to cause that person to do any act which he/she is not legally bound to do or;
- to omit to do any which that person is legally entitled to do.
Punishment of criminal intimidation is given with imprisonment of either description for a term which may extend to three years or with fine or with the both.(Sec 506)
Illustration
C, for the purpose of inducing D to resist from prosecuting a civil suit, threatens to burn D's house. C is guilty of criminal intimidation.
Extortion
Extortion is defined under Section 383 of the Indian Penal Code (IPC). It involves the act of unlawfully obtaining money, property, or any valuable thing from a person through coercion, force, or threats. Extortion is defined as – "Whoever intentionally puts any person in fear of any 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”." It is a more serious nature of an offence than criminal intimidation.
The Object of extortion includes property, valuable security or anything signed or sealed which may be converted into a valuable security.
Punishment for extortion is defined in section 384 of the Indian Penal Code(IPC). Punishment extortion is given with imprisonment of either description for a term which may extend to three years or with fine or with the both.
Illustration
(a) A threatens B that he will keep B's child in wrongful confinement, unless B will sign and deliver to A a promissory note binding B to pay certain monies to A. B sings and delivers the note. A has committed extortion.
(b) A, by putting B in fear of grievous hurt, dishonestly induces B to sign or affix his seal to a blank paper and deliver it to A. B signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
Points of Differences
| DIFFERENCE | EXTORTION | CRIMINAL INTIMIDATION |
|---|---|---|
| Meaning | Whoever intentionally puts any person in fear of any 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. | Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. |
| Nature of offence | 1. Extortion is a more serious nature of an offence than criminal intimidation. 2. Cognizable and non-bailable | 1. Criminal intimidation is a less serious offence than extortion. 2. Non-cognizable and bailable |
| Key elements | 1. Theft by extortion 2. Coercion or threats 3. Unlawful act | 1. Threatening behaviour 2. Intention to cause fear 3. Fear of harm |
Conclusion
The main difference between criminal intimidation and extortion lies in the nature of the offence. Criminal intimidation focuses on causing fear or apprehension in the victim, while extortion involves the act of obtaining property or money through coercion or threats.
This article on Difference Between Abetment and Criminal Conspiracy in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.