Priya forced Neha to sign a cheque for ₹50,000 in her favour, else she will publish false and damaging information about Neha's family in the local newspaper. Neha afraid of the damage to her and her family's reputation
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Priya forced Neha to sign a cheque for ₹50,000 in her favour, else she will publish false and damaging information about Neha's family in the local newspaper. Neha afraid of the damage to her and her family's reputation did accordingly and signed a cheque. Discuss the offence committed by Priya under the Bharatiya Nyaya Sanhita, 2023. Distinguish between extortion and theft.
Answer & Explanation:
According to Section 308 of the Bharatiya Nyaya Sanhita 2023, whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion. The essential elements of extortion are: There should be an intention to put any person in fear of any injury. By that fear of injury, dishonestly induces the person so put in fear to deliver any property, or valuable security or anything signed or sealed which may be converted into a valuable security. Since, Priya intentionally created fear of reputational harm in Neha's mind and dishonestly induced her to sign a cheque. So, the essential ingredients of extortion under Section 308 BNS are fulfilled. Therefore, Priya can be held guilty for the offence of extortion. Extortion and theft are different from in the following respects: Extortion is done by wrongfully getting the consent of the owner while there is no presence of consent in case of theft. Moreover, there is no role of consent in theft. Both movable and immovable property may be the subject of an extortion whereas theft is limited to movable property.
Topics: Bharatiya Nyaya Sanhita, 2023
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