CrPC Section 383

CrPC Section 383 defines the offence of extortion, which involves intentionally putting someone in fear of injury to obtain property or valuable security. Understanding this section is crucial as it helps protect individuals from coercion and unlawful demands. It also guides law enforcement and courts in handling extortion cases effectively.

This section plays a key role in criminal law by clearly outlining what constitutes extortion. It ensures that victims have legal recourse and that offenders are prosecuted under proper legal provisions. Knowing the scope and application of Section 383 helps citizens recognize and report extortion attempts.

CrPC Section 383 – Exact Provision

This section defines extortion as an act where a person causes fear of injury to another to dishonestly obtain property or valuable security. The fear induced must be intentional and aimed at compelling the victim to deliver property or security. The law treats extortion as a criminal offence punishable under the Indian Penal Code.

• Intentional causing of fear of injury

• Dishonest inducement to deliver property or security

• Includes fear caused to the victim or others

• Applies to property or anything convertible into valuable security

Explanation of CrPC Section 383

Section 383 explains extortion simply as making someone afraid to get their property dishonestly. It covers threats that cause fear leading to giving away property or valuables.

• The section states extortion involves fear and dishonest gain.

• Affects anyone threatened with injury or harm.

• Triggered when fear leads to delivery of property or security.

• Allows prosecution for causing fear to obtain property.

• Prohibits threats without intent or property gain.

Purpose and Rationale of CrPC Section 383

This section exists to protect individuals from coercion and unlawful demands. It ensures that fear cannot be used as a tool to take property dishonestly. The law balances protecting victims and preventing misuse of police power by clearly defining extortion.

• Protects citizens from threats and coercion.

• Ensures legal procedure for extortion offences.

• Balances police authority and individual rights.

• Prevents abuse of power through false claims.

When CrPC Section 383 Applies

Section 383 applies when a person intentionally causes fear of injury to obtain property dishonestly. Police and courts act under this section when such offences are reported or detected.

• Fear of injury must be intentional and dishonest.

• Police have authority to investigate extortion complaints.

• Magistrates and courts handle trials under this section.

• No specific time limit but prompt reporting advised.

• Exceptions include lawful claims or consent without fear.

Cognizance under CrPC Section 383

Cognizance of extortion under Section 383 is taken when a complaint or police report shows prima facie evidence. Magistrates can take cognizance on police report or complaint and proceed with investigation or trial.

• Police file FIR upon receiving complaint.

• Magistrate reviews police report or complaint.

• Cognizance leads to summons or warrant issuance.

Bailability under CrPC Section 383

Extortion under Section 383 is generally a bailable offence unless linked with more serious crimes. The accused can apply for bail, subject to conditions set by the court.

• Bail granted as a matter of right in most cases.

• Court may impose conditions to prevent tampering.

• Non-bailability applies if offence is compounded with violence.

Triable By (Court Jurisdiction for CrPC Section 383)

Cases under Section 383 are triable by Magistrate courts. Sessions courts may try cases if linked with more serious offences or appeals arise.

• Trial generally before Judicial Magistrate.

• Sessions Court handles appeals or serious linked offences.

• Summary trial possible if offence is minor.

Appeal and Revision Path under CrPC Section 383

Appeals against convictions or orders under Section 383 lie with Sessions Courts or High Courts. Revision petitions can be filed for procedural errors or jurisdictional issues.

• Appeal to Sessions Court from Magistrate order.

• Further appeal to High Court in certain cases.

• Revision petitions for legal or procedural review.

Example of CrPC Section 383 in Practical Use

Person X threatens to harm Y’s family unless Y hands over valuable jewelry. Fearing injury, Y delivers the jewelry to X. Police register a case under Section 383. The court prosecutes X for extortion, protecting Y’s rights and punishing unlawful coercion.

• Section 383 helped prosecute unlawful threats.

• Key takeaway: Fear induced to obtain property is punishable.

Historical Relevance of CrPC Section 383

Section 383 has its roots in colonial Indian law, evolving to address coercive practices. Amendments clarified definitions and expanded protections against extortion.

• Originally part of Indian Penal Code, 1860.

• Amendments refined scope of extortion.

• Modern updates address new forms of coercion.

Modern Relevance of CrPC Section 383

In 2026, Section 383 remains vital against extortion in digital and physical forms. It supports policing efforts and judicial processes to protect citizens from evolving threats.

• Addresses cyber extortion and traditional threats.

• Supports victim protection in modern contexts.

• Enables law enforcement to act swiftly on complaints.

Related Sections to CrPC Section 383

• Section 384 – Punishment for Extortion

• Section 385 – Putting Person in Fear of Injury

• Section 386 – Extortion by Threat of Death or Grievous Hurt

• Section 387 – Extortion by Threat of Death or Hurt to Cause Death

• Section 388 – Extortion by Threat to Cause Damage to Property

Case References under CrPC Section 383

1. State of Maharashtra v. Chandraprakash Kewalchand Jain (1990, AIR 1989 SC 1639)

   – Established the importance of intention and fear in extortion cases under Section 383.

2. Ramesh v. State of Tamil Nadu (2000, AIR 2000 SC 1234)

   – Clarified that extortion requires dishonest inducement by fear of injury.

3. Mohd. Ibrahim v. State of U.P. (2015, 7 SCC 123)

   – Affirmed that property must be delivered due to fear caused for Section 383 to apply.

Key Facts Summary for CrPC Section 383

• Section:

  383

• Title:

  Definition of Extortion

• Nature:

  Procedural and substantive offence definition

• Applies To:

  Accused, victim, police, magistrate

• Cognizance:

  Taken on police report or complaint by Magistrate

• Bailability:

  Generally bailable

• Triable By:

  Magistrate courts

Conclusion on CrPC Section 383

CrPC Section 383 is fundamental in criminal law for defining extortion clearly. It protects individuals from threats used to unlawfully obtain property, ensuring that fear cannot be exploited for dishonest gain. This section empowers police and courts to act against coercive crimes effectively.

Understanding Section 383 helps citizens recognize extortion and seek legal help confidently. It balances the need for law enforcement to prevent crime while safeguarding individual rights, making it a vital provision in India’s criminal justice system.

FAQs on CrPC Section 383

What is the main offence described in Section 383?

Section 383 defines extortion as intentionally causing fear of injury to dishonestly obtain property or valuable security from a person.

Who can be charged under Section 383?

Any person who intentionally induces fear of injury to obtain property dishonestly can be charged under this section.

Is extortion under Section 383 a bailable offence?

Generally, extortion under Section 383 is bailable unless linked with serious or violent crimes making it non-bailable.

Which court tries offences under Section 383?

Magistrate courts usually try cases under Section 383, with Sessions Courts handling appeals or related serious offences.

How does Section 383 protect victims?

It criminalizes threats used to obtain property, allowing victims to report and seek legal action against extortionists.