In this article you will learn about the Difference Between Theft and Extortion in IPC.
Theft
Theft is defined under Section 378 of the Indian Penal Code (IPC). It involves dishonestly taking someone's movable property without their consent and with the intention of permanently depriving them of it. Theft is defined as – Whoever, intending to dishonestly take any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
Punishment for theft — Any person who commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Theft is considered an offence only when it is committed without free consent.
Illustration
(a) M cuts down a tree on N's ground, with the intention of dishonestly taking the tree out of N's possession without N's consent. Here, as soon as M has severed the tree in order to such taking, he has committed theft.
(b) M being N's servant, and entrusted by N with the care of N's plate, dishonestly runs away with the plate, without N's consent. M has committed theft.
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 sealed or signed which may be converted into a valuable security, commits “extortion”.
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 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.
Points of Differences
| DIFFERENCE | EXTORTION | THEFT |
|---|---|---|
| Section | Section 383 | Section 378 |
| 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, intending to dishonestly take any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. |
| Subject matter | Any kind of property, valuable security and anything that may be converted into a valuable security | Movable property |
| Effect | The property is delivered | There is dishonest removal of property |
| Fear of injury | The victim is compelled to give up their property due to the fear of injury | No fear is involved in the case of theft |
| Consent | Consent is present but not free consent | It can be committed only without free consent |
This article on Difference Between Theft and Extortion in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.