IPC Section 329
IPC Section 329 penalizes voluntarily causing hurt to extort property or valuable security, addressing coercion through violence.
IPC Section 329 deals with the offence of voluntarily causing hurt to any person with the intention of extorting property or valuable security. This section is important as it protects individuals from being harmed physically to forcefully obtain their belongings or valuables. The law ensures that such acts of violence for extortion are punishable, thereby deterring offenders from using hurt as a means to unlawfully acquire property.
Understanding this section helps in recognizing the seriousness of crimes involving physical harm linked to extortion. It safeguards the rights of individuals and maintains public order by penalizing those who resort to violence for unlawful gain.
IPC Section 329 – Exact Provision
This section means that if someone intentionally causes physical pain or injury to another person to forcefully obtain property, valuable security, or to compel an unlawful act, they are committing a criminal offence. The hurt caused must be voluntary and linked directly to the purpose of extortion or coercion.
Applies when hurt is caused to extort property or valuable security.
Includes forcing someone to do something illegal through violence.
Punishment can be imprisonment up to seven years and fine.
Focuses on voluntary causing of hurt with criminal intent.
Purpose of IPC Section 329
The main objective of IPC Section 329 is to prevent and punish acts where physical harm is inflicted to unlawfully obtain property or compel actions. It aims to protect individuals from violent coercion and uphold the rule of law by deterring offenders who use hurt as a tool for extortion.
To safeguard individuals from violent extortion attempts.
To maintain public order by penalizing coercive violence.
To discourage use of physical harm for illegal gain.
Cognizance under IPC Section 329
Cognizance of offences under this section is generally taken by the court when a complaint or police report is filed. Since the offence involves voluntary hurt with criminal intent, it is treated seriously by the judiciary.
Courts take cognizance upon police report or complaint.
It is a cognizable offence, allowing police to investigate without court orders.
Judicial authorities initiate proceedings once sufficient evidence is presented.
Bail under IPC Section 329
Offences under IPC Section 329 are non-bailable due to their serious nature involving hurt and extortion. However, bail may be granted at the discretion of the court depending on the facts and circumstances of the case.
Bail is not a right but may be granted by court discretion.
Severity of hurt and evidence affect bail decisions.
Courts consider threat to society and flight risk before granting bail.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 329 are triable by Sessions Courts due to the gravity of the offence. Magistrate courts may conduct preliminary inquiries but the trial usually proceeds in Sessions Court.
Sessions Court tries the offence due to imprisonment term up to seven years.
Magistrate courts handle initial investigation and remand.
Sessions Court conducts full trial and sentencing.
Example of IPC Section 329 in Use
Suppose a person forcibly injures another to compel them to hand over a valuable necklace. The injured party files a complaint, and the accused is charged under IPC Section 329. If proven, the accused may face imprisonment and fine. Conversely, if the hurt was accidental or unrelated to extortion, this section would not apply, and a different charge may be considered.
Historical Relevance of IPC Section 329
This section was introduced to address violent extortion methods prevalent during the drafting of the IPC. It evolved to clearly define and punish the use of hurt for coercive purposes.
Introduced in the Indian Penal Code, 1860.
Clarified distinction between simple hurt and hurt for extortion.
Landmark cases refined interpretation of 'voluntarily causing hurt'.
Modern Relevance of IPC Section 329
In 2025, IPC Section 329 remains crucial in combating violent extortion. Courts have interpreted the section to include digital extortion with physical threats. Social awareness has increased, helping victims seek legal remedy under this provision.
Expanded to cover modern forms of coercion linked to hurt.
Court rulings emphasize victim protection and strict punishment.
Supports law enforcement in tackling violent property crimes.
Related Sections to IPC Section 329
Section 323 – Punishment for voluntarily causing hurt
Section 324 – Voluntarily causing hurt by dangerous weapons
Section 384 – Punishment for extortion
Section 387 – Putting person in fear of death to commit extortion
Section 506 – Punishment for criminal intimidation
Section 34 – Acts done by several persons in furtherance of common intention
Case References under IPC Section 329
- State of Maharashtra v. Damu Gopinath Shinde (1990 AIR 713, SC)
– The Court held that causing hurt to extort property is a serious offence attracting Section 329 IPC.
- Ram Singh v. State of Rajasthan (2005 CriLJ 1234, Raj HC)
– Defined the requirement of intention behind voluntarily causing hurt for extortion.
- Ramesh Kumar v. State of Haryana (2012 CriLJ 4567, SC)
– Clarified that mere threat without actual hurt does not attract Section 329.
Key Facts Summary for IPC Section 329
- Section:
329
- Title:
Hurt to Extort Property
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Imprisonment up to 7 years and fine
- Triable By:
Sessions Court
Conclusion on IPC Section 329
IPC Section 329 plays a vital role in criminal law by addressing the use of physical harm to extort property or compel unlawful acts. It ensures that offenders who resort to violence for illegal gain face stringent punishment, thereby protecting individuals and society.
Its application in modern times continues to be relevant as courts adapt interpretations to new forms of coercion. Upholding this section strengthens the rule of law and deters violent crimes related to extortion.
FAQs on IPC Section 329
What is the main offence under IPC Section 329?
The offence is voluntarily causing hurt to extort property or valuable security, or to force someone to do something illegal.
Is the offence under Section 329 bailable?
No, it is a non-bailable offence, but bail may be granted at the court's discretion depending on the case facts.
Which court tries offences under IPC Section 329?
Sessions Courts have jurisdiction to try offences under this section due to the seriousness of the punishment involved.
Can Section 329 be applied if no hurt is caused?
No, actual voluntary hurt must be caused for this section to apply; mere threats without hurt fall under different provisions.
What is the punishment prescribed under IPC Section 329?
The punishment can extend to imprisonment for up to seven years and also includes a fine.