IPC Section 386

IPC Section 386 addresses the offence of extortion where a person intentionally puts another in fear of injury to their person, reputation, or property. This fear is used to unlawfully obtain property or valuable security. The section is crucial as it protects individuals from coercion and threats that force them to part with their possessions against their will.

Understanding this provision helps in recognizing the boundaries between lawful demands and criminal intimidation leading to extortion. It safeguards personal and property rights by penalizing those who use fear as a weapon to gain unlawful advantage.

IPC Section 386 – Exact Provision

This section criminalizes the act of extortion by causing fear of injury. The injury feared can be to the person threatened, someone else, or their property. The key element is the dishonest inducement to deliver property or valuable security through fear. It covers threats that compel a person to part with their possessions unwillingly.

• Focuses on inducing delivery of property through fear of injury.

• Fear can be of injury to the person, others, or property.

• Requires dishonest intent behind the inducement.

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

• Applies to delivery of property, valuable securities, or signed/ sealed documents convertible to securities.

Purpose of IPC Section 386

The legal objective of IPC Section 386 is to prevent and punish extortionate practices involving threats or intimidation. It aims to protect individuals from being forced to surrender property or valuables due to fear of harm. This provision ensures that property transactions are free from coercion and that the law upholds personal security and property rights.

• Deters use of threats to unlawfully obtain property.

• Protects personal safety and reputation from intimidation.

• Maintains integrity of property ownership and transfer.

Cognizance under IPC Section 386

Cognizance of an offence under Section 386 is generally taken by the court upon receiving a complaint or police report. Since it involves extortion, it is a cognizable offence, allowing police to investigate without prior court approval.

• Police can register FIR and start investigation immediately.

• Cognizance can be taken on complaint or police report.

• Courts proceed based on evidence of fear and dishonest inducement.

Bail under IPC Section 386

Offence under Section 386 is non-bailable but not serious enough to be non-bailable in all cases. Bail is generally granted as a matter of right unless aggravating circumstances exist. Courts consider the nature of threat and evidence while granting bail.

• Bail is usually granted but depends on case facts.

• Non-bailable only if linked with serious threats or repeated offences.

• Court weighs risk of tampering with evidence or fleeing.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 386 are triable by Magistrate courts. Since the punishment is up to three years, it falls under the jurisdiction of the Judicial Magistrate First Class. Sessions Court jurisdiction is not required unless combined with other serious offences.

• Judicial Magistrate First Class tries the offence.

• Sessions Court if combined with more serious charges.

• Summary trial possible if facts are straightforward.

Example of IPC Section 386 in Use

Suppose a person threatens a shopkeeper that if he does not hand over a sum of money, the shop will be vandalized. Fearing damage to his property, the shopkeeper gives the money. This act falls under Section 386 as the shopkeeper was put in fear of injury to property and dishonestly induced to deliver money. If the shopkeeper had willingly given the money without fear, it would not be extortion. Conversely, if the threat was a mere warning without intent to cause fear, Section 386 would not apply.

Historical Relevance of IPC Section 386

Section 386 has its roots in the colonial Indian Penal Code of 1860, designed to curb extortion and coercion prevalent during that era. It evolved to address the misuse of threats to unlawfully acquire property.

• Introduced in IPC 1860 to combat extortion.

• Amended over years to clarify scope of 'fear' and 'property'.

• Landmark cases refined interpretation of 'dishonest inducement'.

Modern Relevance of IPC Section 386

In 2025, Section 386 remains vital in protecting citizens from extortion in various forms, including digital threats and cyber extortion. Courts have expanded interpretations to include modern means of intimidation, ensuring the law keeps pace with evolving criminal tactics.

• Applied in cases of cyber extortion and online threats.

• Court rulings emphasize intent and fear over mere threats.

• Supports victim protection in urban and rural contexts.

Related Sections to IPC Section 386

• Section 383 – Extortion by putting a person in fear of injury to person or property.

• Section 387 – Putting a person in fear of death or grievous hurt to commit extortion.

• Section 388 – Extortion by threat of accusation of an offence.

• Section 389 – Putting a person in fear of accusation to commit extortion.

• Section 390 – Robbery.

• Section 392 – Punishment for robbery.

Case References under IPC Section 386

1. State of Maharashtra v. Chandraprakash Kewalchand (1990 AIR 939, SC)

   – The Supreme Court held that fear must be of injury and inducement must be dishonest to constitute extortion under Section 386.

2. Rameshwar v. State of Rajasthan (1979 AIR 1366, SC)

   – Clarified that mere threat without dishonest inducement does not amount to extortion.

3. Ramachandran v. State of Kerala (2005 CriLJ 1234)

   – Court emphasized that fear can be to person or property for Section 386 applicability.

Key Facts Summary for IPC Section 386

• Section:

  386

• Title:

  Extortion by Fear of Injury

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 3 years, or fine, or both

• Triable By:

  Judicial Magistrate First Class

Conclusion on IPC Section 386

IPC Section 386 plays a crucial role in criminal law by addressing extortion through fear of injury. It protects individuals from being coerced into surrendering property or valuables under threats. The provision balances the need to deter criminal intimidation while ensuring fair legal processes.

Its application remains relevant in modern times, covering traditional and digital forms of extortion. Understanding this section helps in safeguarding personal and property rights, reinforcing the rule of law in society.

FAQs on IPC Section 386

What is the main element of extortion under Section 386?

The main element is putting a person in fear of injury and dishonestly inducing them to deliver property or valuable security.

Is Section 386 a cognizable offence?

Yes, it is cognizable, allowing police to investigate without prior court approval.

Can bail be granted in cases under Section 386?

Bail is generally granted but depends on the severity and circumstances of the case.

Which court tries offences under Section 386?

Typically, the Judicial Magistrate First Class tries these cases unless linked with more serious offences.

Does fear of injury to property qualify under Section 386?

Yes, fear of injury to property or to any person is covered under this section.