In another case A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. Explain the of
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
In another case A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. Explain the offence committed by A under the Indian Penal Code, 1860.
Answer & Explanation:
Offence Committed: Extortion According to Section 383 of the Indian Penal Code, 1860 (IPC), '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'. Essential elements of extortion: Putting a Person in Fear of Injury: There must be an intentional act of putting a person in fear of injury. The injury can be to the person himself or to any other person (e.g., a family member). Dishonest Inducement: The person must be dishonestly induced by such fear. Delivery of Property or Valuable Security: The inducement must cause the person to deliver any property, or valuable security, or anything signed or sealed which may be converted into a valuable security. In the instant case: A threatens Z that he will keep Z's child in wrongful confinement. This act puts Z in fear of injury to her child. A's intention is to dishonestly induce Z to sign and deliver a promissory note. Z, under this fear, signs and delivers the promissory note, which is a valuable security. All the essential elements of extortion are satisfied. A intentionally put Z in fear of injury to her child and dishonestly induced her to deliver a valuable security (promissory note). Conclusion: A has committed the offence of extortion under the Indian Penal Code, 1860.
Topics: Indian Penal Code, 1860
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