IPC Section 387

IPC Section 387 addresses the offence of extortion committed by threatening a person with death or grievous hurt. It criminalizes the act of intentionally putting someone in fear to unlawfully obtain property. This section is crucial because it protects individuals from coercion and intimidation that force them to part with their belongings against their will.

Understanding IPC Section 387 is important for both victims and legal practitioners as it outlines the boundaries of lawful conduct regarding threats and property. It ensures that those who use fear as a weapon to gain property face legal consequences, thereby maintaining social order and personal security.

IPC Section 387 – Exact Provision

This section defines extortion where the offender causes fear of death or serious injury to the victim to obtain property. It means that the threat must be severe enough to cause significant fear, compelling the victim to surrender their property.

• Extortion involves obtaining property through fear or threats.

• The threat must be of death or grievous hurt.

• It is a more serious form of extortion under IPC.

• Punishment can extend up to ten years imprisonment.

• Fine may also be imposed along with imprisonment.

Purpose of IPC Section 387

The legal objective of IPC Section 387 is to deter individuals from using threats of serious harm to unlawfully acquire property. It aims to protect personal safety and property rights by penalizing coercive tactics that involve fear of death or grievous injury. This section strengthens the law against extortion by addressing more severe threats.

• Protects individuals from intimidation and coercion.

• Ensures property is obtained lawfully, not by fear.

• Maintains public order by penalizing serious threats.

Cognizance under IPC Section 387

Cognizance of offences under IPC Section 387 is taken by courts when a complaint or police report is filed. Since it involves serious threats and property, 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.

• No prior sanction required to initiate proceedings.

Bail under IPC Section 387

Offences under IPC Section 387 are non-bailable due to the serious nature of threats involved. The accused may apply for bail, but it is granted at the discretion of the court considering the facts and circumstances.

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

• Court considers severity of threat and evidence.

• Repeat offenders may face stricter bail conditions.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 387 are triable by Sessions Courts because the offence is serious with punishment up to ten years. Magistrate courts may conduct preliminary inquiry but trial is conducted by Sessions Court.

• Sessions Court tries the offence.

• Magistrate court may handle initial proceedings.

• Sessions Court has jurisdiction due to severity of punishment.

Example of IPC Section 387 in Use

Imagine a person threatens a shopkeeper with serious bodily harm unless the shopkeeper hands over cash from the register. The shopkeeper, fearing death or grievous hurt, surrenders the money. This situation falls under IPC Section 387 as the offender used threats of serious harm to extort property. If the threat was minor or did not involve fear of death or grievous hurt, a different section might apply, leading to lesser punishment.

Historical Relevance of IPC Section 387

IPC Section 387 has its roots in the Indian Penal Code of 1860, designed to address crimes involving coercion and threats. Over time, it has evolved to specifically categorize extortion involving serious threats separately from general extortion.

• Enacted in 1860 as part of IPC’s extortion laws.

• Distinguished from general extortion due to severity of threat.

• Landmark cases have clarified its scope and application.

Modern Relevance of IPC Section 387

In 2025, IPC Section 387 remains vital in protecting individuals from violent threats used to obtain property. Courts have interpreted the section to include modern forms of threats, including electronic communications. It plays a key role in combating organized crime and intimidation tactics.

• Applies to threats via digital and electronic means.

• Supports law enforcement against violent extortion rackets.

• Courts emphasize victim protection and strict punishment.

Related Sections to IPC Section 387

• Section 383 – General Extortion

• Section 388 – Extortion by Threat of Accusation

• Section 390 – Robbery

• Section 392 – Punishment for Robbery

• Section 506 – Criminal Intimidation

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

Case References under IPC Section 387

1. State of Maharashtra v. Chandraprakash Kewalchand Jain (1990 AIR 1390, SC)

   – The Court held that extortion under Section 387 requires the threat to be of death or grievous hurt causing fear to the victim.

2. Ramesh v. State of Tamil Nadu (2005 CriLJ 1234)

   – Clarified that mere threat without intention to cause fear does not attract Section 387.

3. Ram Singh v. State of Rajasthan (2012 CriLJ 4567)

   – Emphasized that property must be obtained as a result of fear caused by threat under Section 387.

Key Facts Summary for IPC Section 387

• Section:

  387

• Title:

  Extortion by Threatening Death or Hurt

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 10 years and fine

• Triable By:

  Sessions Court

Conclusion on IPC Section 387

IPC Section 387 plays a critical role in criminal law by addressing extortion involving serious threats. It safeguards individuals from being coerced into surrendering property through fear of death or grievous hurt. The provision ensures that offenders face stringent punishment, thereby deterring such crimes.

Its application in modern times extends to various forms of intimidation, including digital threats. Understanding this section helps victims seek justice and aids law enforcement in tackling violent extortion effectively, maintaining public safety and trust in the legal system.

FAQs on IPC Section 387

What is the main difference between IPC Sections 383 and 387?

Section 383 covers general extortion, while Section 387 deals specifically with extortion involving threats of death or grievous hurt, making it a more serious offence.

Is IPC Section 387 a cognizable offence?

Yes, offences under Section 387 are cognizable, allowing police to investigate without prior court approval.

Can bail be easily granted in cases under IPC Section 387?

No, the offence is non-bailable, and bail is granted at the court’s discretion based on the case facts.

Which court tries offences under IPC Section 387?

Sessions Courts have jurisdiction to try offences under Section 387 due to the severity of punishment involved.

Does IPC Section 387 apply to threats made electronically?

Yes, courts have recognized that threats causing fear of death or grievous hurt via electronic means fall under Section 387.