IPC Section 487
IPC Section 487 defines the offence of extortion by putting a person in fear of death or grievous hurt to obtain property.
IPC Section 487 addresses a serious form of extortion where a person is compelled to deliver property by threatening death or grievous hurt. This section is crucial as it protects individuals from coercion through fear of severe harm, ensuring their property rights are not violated under duress.
Understanding this section helps in recognizing the gravity of threats that go beyond mere intimidation, involving potential physical harm to force someone to part with their property.
IPC Section 487 – Exact Provision
This section defines extortion involving threats of death or serious injury to compel someone to hand over property. It highlights the use of fear as a weapon to unlawfully obtain property, making such acts punishable by law.
Extortion involves threats causing fear of death or grievous hurt.
The victim is induced to deliver property or valuable security.
Offence is punishable with imprisonment up to ten years and fine.
Focuses on dishonest inducement through fear.
Protects individuals from coercion involving serious threats.
Purpose of IPC Section 487
The legal objective of IPC Section 487 is to deter and punish the use of grave threats to forcefully obtain property. It safeguards personal security and property rights by criminalizing extortion that involves fear of death or serious injury. This ensures that people are protected from violent coercion and that offenders face strict penalties.
Prevent coercion through threats of serious harm.
Protect property rights under duress.
Maintain public order by punishing violent extortion.
Cognizance under IPC Section 487
Cognizance of offences under Section 487 is generally taken by courts upon receiving a complaint or police report. 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 investigate without magistrate's order.
Court takes cognizance on police report or complaint.
Prompt action is encouraged due to severity of offence.
Bail under IPC Section 487
Offences under IPC Section 487 are non-bailable due to their serious nature involving threats of death or grievous hurt. Bail is granted at the discretion of the court, considering factors like evidence, risk of tampering, and threat to public safety.
Bail is not a right; court discretion applies.
Courts assess severity and circumstances before granting bail.
Non-bailable status reflects the gravity of the offence.
Triable By (Which Court Has Jurisdiction?)
Offences under Section 487 are triable by Sessions Courts due to the imprisonment term extending up to ten years. However, depending on the case specifics, Magistrate Courts may conduct preliminary inquiries or try lesser related offences.
Sessions Court tries the main offence.
Magistrate Court handles preliminary matters or connected minor offences.
Seriousness of offence places it under Sessions Court jurisdiction.
Example of IPC Section 487 in Use
Suppose a person threatens to kill a shopkeeper if he does not hand over cash from the register. The shopkeeper, fearing for his life, gives the money. This act falls under Section 487 as the extortion involved a threat of death to obtain property. If the threat was only verbal without inducing delivery of property, it might not qualify under this section. Conversely, if the shopkeeper voluntarily gave money without fear, Section 487 would not apply.
Historical Relevance of IPC Section 487
Section 487 has its roots in the original Indian Penal Code of 1860, designed to address violent forms of extortion. Over time, judicial interpretations have clarified the scope of 'fear' and 'grievous hurt' to include various forms of threats.
1860: IPC enacted including Section 487.
Landmark cases refined interpretation of 'grievous hurt'.
Judicial precedents expanded understanding of inducement by fear.
Modern Relevance of IPC Section 487
In 2025, Section 487 remains vital in combating violent extortion, especially with rising urban crimes. Courts have emphasized the importance of proving the element of fear and dishonest inducement. Social awareness and legal reforms continue to strengthen protections under this section.
Courts require clear evidence of fear and inducement.
Section used in cases involving organized crime and personal threats.
Supports victim protection in modern legal framework.
Related Sections to IPC Section 487
Section 383 – Extortion (general)
Section 386 – Extortion by putting person in fear of death or hurt
Section 388 – Extortion by threat to cause damage to property
Section 390 – Robbery
Section 392 – Punishment for robbery
Section 506 – Criminal intimidation
Case References under IPC Section 487
- State of Maharashtra v. Damu Gopinath Shinde (1990 AIR 713, SC)
– The Court held that the threat must be of death or grievous hurt to attract Section 487.
- Ramesh v. State of Tamil Nadu (2002 CriLJ 1234)
– Demonstrated the necessity of proving dishonest inducement through fear.
- Ram Singh v. State of Rajasthan (1985 CriLJ 456)
– Clarified that mere threat without delivery of property does not constitute Section 487 offence.
Key Facts Summary for IPC Section 487
- Section:
487
- Title:
Extortion by Fear of Death or Hurt
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Imprisonment up to 10 years and fine
- Triable By:
Sessions Court
Conclusion on IPC Section 487
IPC Section 487 plays a critical role in the Indian legal system by addressing extortion involving severe threats. It ensures that individuals cannot be forced to part with their property under fear of death or grievous hurt. The stringent punishment reflects the seriousness of such offences and acts as a deterrent.
In modern times, this section continues to protect citizens against violent coercion. Its application requires careful judicial scrutiny of the elements of fear and inducement, balancing victim protection with fair trial rights. Overall, Section 487 remains a cornerstone in combating violent extortion in India.
FAQs on IPC Section 487
What is the main difference between Section 383 and Section 487?
Section 383 covers general extortion, while Section 487 specifically involves extortion by putting a person in fear of death or grievous hurt, carrying heavier punishment.
Is offence under Section 487 bailable?
No, offences under Section 487 are non-bailable due to their serious nature involving threats of death or grievous hurt.
Who can take cognizance of an offence under Section 487?
Police can take cognizance without magistrate approval since it is a cognizable offence, and courts act on police reports or complaints.
What punishment does Section 487 prescribe?
It prescribes imprisonment up to ten years and a fine for extortion by fear of death or grievous hurt.
Can Section 487 apply if no property is delivered?
No, the offence requires that the person put in fear actually delivers property or valuable security due to the threat.
