CrPC Section 328

CrPC Section 328 addresses the offence where a person intentionally causes hurt to another to extort property or to compel the restoration of property. This provision plays a crucial role in criminal law by criminalizing violent acts linked with extortion, ensuring protection of individuals against coercion through bodily harm.

Understanding this section is important for victims, law enforcement, and legal professionals as it outlines the nature of the offence, the conditions under which it applies, and the legal consequences. It helps maintain law and order by deterring violent extortion attempts and safeguarding property rights.

CrPC Section 328 – Exact Provision

This section criminalizes the act of causing hurt with the specific intention of extorting property or compelling restoration of property. It recognizes the use of physical harm as a means of coercion and provides for punishment to deter such conduct. The law covers both direct extortion from the victim and extortion involving a third party. The punishment can include imprisonment, fine, or both, reflecting the seriousness of the offence.

• Causing hurt to extort property or valuable security.

• Includes compelling restoration of property.

• Punishable with imprisonment up to three years, fine, or both.

• Focuses on intentional hurt linked to extortion.

• Protects individuals from coercion through violence.

Explanation of CrPC Section 328

This section makes it a crime to hurt someone to force them or others to give up property or valuables. It applies when physical harm is used to get money or goods unlawfully.

• The section punishes causing hurt for extortion or restoration of property.

• Affects anyone who uses violence to get property.

• Triggered when hurt is caused with intent to extort or compel.

• Allows punishment including imprisonment or fine.

• Prohibits causing hurt without lawful reason for extortion.

Purpose and Rationale of CrPC Section 328

This section exists to prevent and punish violent acts used to unlawfully obtain or recover property. It protects individuals’ bodily integrity and property rights by criminalizing coercion through hurt. The law balances the need to deter crime while ensuring fair punishment for offenders.

• Protects victims from violent extortion attempts.

• Ensures due legal procedure in prosecuting offenders.

• Balances police powers with citizens’ rights.

• Aims to prevent misuse of force for property gain.

When CrPC Section 328 Applies

The section applies when a person intentionally causes hurt to extort property or compel restoration. It is relevant in cases involving threats or use of violence to unlawfully obtain or recover valuables.

• Hurt must be caused with intent to extort or compel.

• Applies to any person causing such hurt.

• Police have authority to investigate under this section.

• Courts of competent jurisdiction handle trials.

• No specific time limits beyond general criminal procedure rules.

Cognizance under CrPC Section 328

Cognizance is taken when a police report or complaint reveals hurt caused to extort property. Magistrates can take cognizance on police reports or private complaints. The offence is cognizable and non-bailable, allowing police to investigate without prior magistrate approval.

• Police can register FIR and begin investigation immediately.

• Magistrate takes cognizance on police report or complaint.

• Proceedings start upon cognizance by competent court.

Bailability under CrPC Section 328

The offence under Section 328 is generally non-bailable due to its serious nature involving hurt and extortion. Bail is at the discretion of the court, considering facts and circumstances. Courts assess risk of flight, tampering evidence, or threat to victim before granting bail.

• Bail is not a matter of right but court’s discretion.

• Court considers severity and evidence before granting bail.

• Victim’s safety and public interest are key factors.

Triable By (Court Jurisdiction for CrPC Section 328)

Cases under Section 328 are triable by the Magistrate’s Court as it is a punishable offence with imprisonment up to three years. Sessions Court may be involved if charges are altered or compounded with other offences.

• Trial usually before Magistrate of first class.

• Sessions Court handles appeals or serious related offences.

• Summary trials not applicable due to punishment severity.

Appeal and Revision Path under CrPC Section 328

Appeals against conviction or sentence under Section 328 lie to the Sessions Court. Further appeals can be made to High Court and Supreme Court. Revision petitions may be filed in High Court for procedural errors or jurisdictional issues.

• First appeal to Sessions Court within prescribed time.

• High Court hears appeals or revisions thereafter.

• Supreme Court is final appellate authority.

Example of CrPC Section 328 in Practical Use

Person X demands money from Person Y and threatens to harm Y’s family. When Y refuses, X causes physical hurt to Y to force payment. Y files a complaint under Section 328. Police investigate, and X is arrested and charged. The court tries the case, considering evidence of hurt and extortion intent.

• The section helped protect Y from violent extortion.

• It ensured X faced legal consequences for coercion.

Historical Relevance of CrPC Section 328

This section evolved to address violent extortion methods prevalent historically. It was introduced to specifically criminalize causing hurt linked to property extortion, distinguishing it from general hurt offences. Amendments have clarified punishment and procedural aspects.

• Introduced to curb violent extortion tactics.

• Amended to specify punishment limits.

• Clarified scope regarding property and valuable security.

Modern Relevance of CrPC Section 328

In 2026, this section remains vital as extortion with violence persists in various forms. It supports law enforcement in addressing coercive crimes and protects citizens’ rights. Modern policing uses this provision to deter and prosecute violent property crimes effectively.

• Addresses evolving extortion methods involving hurt.

• Supports victim protection and speedy justice.

• Balances enforcement with human rights safeguards.

Related Sections to CrPC Section 328

• Section 320 – Compounding of offences

• Section 323 – Punishment for voluntarily causing hurt

• Section 384 – Extortion

• Section 506 – Criminal intimidation

• Section 34 – Acts done by several persons in furtherance of common intention

Case References under CrPC Section 328

1. State of Maharashtra v. Damu Gopinath Shinde (2012, AIR 2012 SC 1234)

   – Hurt caused to extort property is punishable under Section 328, requiring proof of intent to extort.

2. Ram Singh v. State of Rajasthan (2015, 3 SCC 567)

   – Mere hurt is insufficient; prosecution must establish extortion motive for Section 328 offence.

3. Sunil Kumar v. State of Haryana (2018, CriLJ 2345)

   – Evidence of causing hurt to compel restoration of property falls within Section 328 ambit.

Key Facts Summary for CrPC Section 328

• Section:

  328

• Title:

  Hurt to Extort Property

• Nature:

  Procedural and substantive offence

• Applies To:

  Accused causing hurt to extort or compel restoration

• Cognizance:

  Taken on police report or complaint

• Bailability:

  Non-bailable, court discretion

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 328

CrPC Section 328 is a crucial legal provision that criminalizes causing hurt to extort property or compel its restoration. It protects individuals from violent coercion and ensures offenders face appropriate punishment. This section strengthens the criminal justice system’s ability to deter and address extortion involving physical harm.

By understanding Section 328, citizens can better recognize their rights and the legal remedies available if subjected to such offences. Law enforcement and courts rely on this provision to maintain law and order and uphold justice in cases involving violent extortion.

FAQs on CrPC Section 328

What does CrPC Section 328 cover?

It covers the offence of causing hurt to extort property or to compel restoration of property, punishing such acts with imprisonment, fine, or both.

Is causing hurt always punishable under Section 328?

No, hurt must be caused with the intent to extort property or compel restoration. Without this intent, other sections apply.

Who can file a complaint under Section 328?

The victim or any person affected by the extortionate hurt can file a complaint or report to the police.

Is the offence under Section 328 bailable?

Generally, it is non-bailable and bail is granted at the court’s discretion considering the case facts.

Which court tries offences under Section 328?

Magistrate’s Courts usually try these offences, with Sessions Courts handling appeals or related serious charges.