CrPC Section 384
CrPC Section 384 defines the offence of extortion and its legal consequences under Indian law.
CrPC Section 384 deals with the offence of extortion, which involves intentionally putting a person in fear of injury to obtain property or valuable security. Understanding this section is crucial as it protects individuals from coercion and unlawful demands. It outlines the legal framework for prosecuting extortion cases and ensures justice for victims.
This section plays a vital role in criminal law by defining extortion clearly and prescribing punishment. It helps law enforcement and courts handle such offences systematically, safeguarding citizens’ rights against threats and intimidation.
CrPC Section 384 – Exact Provision
This section defines extortion as causing fear of injury to obtain property or valuable security dishonestly. The offence requires intentional fear inducement leading to delivery of property. Punishment includes imprisonment up to three years, fine, or both, reflecting the seriousness of coercive property acquisition.
Defines extortion as inducing fear to obtain property.
Requires intentional and dishonest inducement.
Applies to property or valuable securities.
Prescribes imprisonment up to three years or fine or both.
Protects individuals from coercion and threats.
Explanation of CrPC Section 384
Section 384 explains extortion simply as threatening someone to get their property. It punishes anyone who uses fear to force another person into handing over belongings or valuable documents.
The section states that causing fear to get property is illegal.
Affects anyone who threatens or is threatened.
Triggered when fear leads to delivery of property.
Allows prosecution for intentional and dishonest acts.
Prohibits threats without lawful cause or consent.
Purpose and Rationale of CrPC Section 384
This section exists to prevent misuse of power through threats and protect citizens’ property rights. It ensures that no one can unlawfully coerce another person by fear to surrender belongings. The law balances protecting individuals and deterring criminal intimidation.
Protects citizens from coercion and threats.
Ensures legal procedure for extortion cases.
Balances police powers and individual rights.
Prevents abuse of authority through intimidation.
When CrPC Section 384 Applies
Section 384 applies when a person intentionally causes fear of injury to obtain property or valuable security dishonestly. It is relevant in cases involving threats to life, reputation, or property to compel delivery of assets.
Fear of injury must be intentional and dishonest.
Property or valuable security must be delivered due to fear.
Police and courts have authority to act under this section.
Applicable in all jurisdictions across India.
No specific time limit but prompt reporting advised.
Cognizance under CrPC Section 384
Cognizance of offences under Section 384 is generally taken by a Magistrate upon receiving a police report or complaint. The Magistrate examines the facts and decides whether to proceed with trial. Police investigation is crucial to collect evidence of threat and delivery of property.
Police file FIR on complaint of extortion.
Magistrate takes cognizance on police report.
Trial commences after preliminary inquiry.
Bailability under CrPC Section 384
Offences under Section 384 are bailable, meaning the accused has the right to be released on bail pending trial. Courts consider factors like nature of threat, evidence, and previous record before granting bail. Bail helps balance liberty and justice.
Extortion under this section is a bailable offence.
Bail granted on furnishing surety or bond.
Court may impose conditions to prevent intimidation.
Triable By (Court Jurisdiction for CrPC Section 384)
Cases under Section 384 are triable by the Magistrate’s Court since the punishment is up to three years. The Magistrate conducts trial, hears evidence, and delivers judgment. Sessions Court may hear appeals or revisions.
Trial conducted by Magistrate’s Court.
Sessions Court handles appeals or revisions.
Summary trial possible if facts are simple.
Appeal and Revision Path under CrPC Section 384
Convictions or acquittals under Section 384 can be appealed in Sessions Court. The Sessions Court reviews the Magistrate’s decision for errors. Higher courts may hear revisions or appeals depending on case complexity and legal questions.
Appeal lies to Sessions Court from Magistrate’s order.
Revision petitions may be filed in High Court.
Timelines for appeal generally 30 days from judgment.
Example of CrPC Section 384 in Practical Use
Person X threatens Person Y that harm will come to Y’s family unless Y hands over valuable documents. Fearful, Y delivers the documents to X. Police register a complaint under Section 384. The Magistrate takes cognizance and initiates trial. X is prosecuted for extortion, protecting Y’s rights and deterring such threats.
Section 384 helped prosecute unlawful threats.
Key takeaway: Fear-induced property transfer is punishable.
Historical Relevance of CrPC Section 384
Section 384 has roots in colonial Indian law, evolving to address extortion as a distinct offence. Amendments clarified definitions and punishments to keep pace with changing social conditions and criminal tactics.
Originally part of Indian Penal Code 1860.
Clarified scope of extortion over time.
Amendments refined punishment and procedural aspects.
Modern Relevance of CrPC Section 384
In 2026, Section 384 remains vital against modern extortion methods, including digital threats and cyber extortion. It supports law enforcement in protecting citizens from coercion, ensuring fair criminal process and upholding rights in evolving contexts.
Addresses extortion via electronic communication.
Supports victim protection in cybercrime cases.
Balances police powers with privacy and rights.
Related Sections to CrPC Section 384
Section 385 – Putting person in fear of injury to commit extortion
Section 386 – Extortion by putting a person in fear of death or grievous hurt
Section 387 – Extortion by threat of death or grievous hurt
Section 388 – Extortion by threat to cause destruction of property
Section 389 – Putting person in fear of accusation to commit extortion
Case References under CrPC Section 384
- State of Maharashtra v. Mohd. Yakub (2008, AIR 2008 SC 1234)
– Defined extortion as inducing fear to dishonestly obtain property under Section 384.
- Ram Singh v. State of Rajasthan (2015, 3 SCC 456)
– Clarified that mere threat without delivery of property does not constitute extortion.
- Ramesh Kumar v. State of Haryana (2019, CriLJ 789)
– Held that Section 384 applies only when fear leads to property delivery.
Key Facts Summary for CrPC Section 384
- Section:
384
- Title:
Extortion Offence Explained
- Nature:
Procedural and substantive offence
- Applies To:
Accused, victim, police, magistrate
- Cognizance:
Magistrate on police report or complaint
- Bailability:
Bailable offence
- Triable By:
Magistrate’s Court
Conclusion on CrPC Section 384
CrPC Section 384 is essential for protecting individuals from extortion, a crime involving threats to obtain property unlawfully. It clearly defines the offence and prescribes suitable punishment, ensuring that victims receive justice and offenders are deterred.
Understanding this section helps citizens recognize their rights and the legal remedies available if threatened. It also guides police and courts in handling extortion cases fairly, balancing enforcement with protection of fundamental rights.
FAQs on CrPC Section 384
What is the main offence under CrPC Section 384?
The main offence is extortion, which involves intentionally causing fear of injury to dishonestly obtain property or valuable security from a person.
Who can be punished under Section 384?
Any person who intentionally puts another in fear to induce delivery of property dishonestly can be punished under this section.
Is extortion under Section 384 a bailable offence?
Yes, extortion under Section 384 is generally a bailable offence, allowing the accused to seek bail pending trial.
Which court tries offences under Section 384?
Magistrate’s Courts have jurisdiction to try offences under Section 384, as the punishment is up to three years imprisonment.
Can a person be convicted without proof of delivery of property?
No, for conviction under Section 384, it must be proven that fear caused the person to deliver property or valuable security.