IPC Section 387 deals with extortion by creating fear of death or grievous hurt. If a person threatens someone with death or serious injury to force them to hand over money, property, valuables, or any benefit, the offender can be punished with imprisonment of up to 7 years and may also be fined.
Detailed Explanation
IPC Section 387 was a criminal law provision under the Indian Penal Code, 1860 that addressed serious forms of extortion.
The offence happens when a person intentionally creates fear of death or grievous hurt to obtain money, property, documents, or any valuable benefit from another person.
Extortion is different from ordinary threats. Under extortion laws, the threat is used to pressure someone into giving something of value.
A person does not need to physically attack the victim for this section to apply. Even attempting to create such fear can attract legal consequences if the intention is to commit extortion.
Essential ingredients of IPC Section 387
For this offence to apply, these elements are generally examined:
| Point | Explanation |
|---|---|
| Fear created | The victim is put in fear of death or grievous hurt |
| Intention | The threat is made to commit extortion |
| Purpose | To obtain money, property, documents, or benefit |
| Attempt covered | Even attempting to create such fear may be punishable |
What is grievous hurt?
Grievous hurt refers to serious bodily injury recognised under criminal law, such as permanent injury, fracture, loss of sight, or injuries that seriously affect health.
Example
Suppose a person sends messages saying, “Transfer ₹5 lakh or your family will be seriously harmed.”
Even if money is not actually paid, the act of putting the victim in fear to obtain money may attract IPC Section 387 because the offence focuses on the use of fear for extortion.
Difference between normal threat and IPC Section 387
Not every threat becomes extortion.
If the purpose of the threat is to force delivery of money, property, valuables, or any unlawful gain, extortion provisions may apply.
Key Points / Important Facts
- IPC Section 387 dealt with extortion through fear of death or grievous hurt.
- Actual physical injury is not necessary for the offence.
- Attempting to create such fear may also attract punishment.
- Maximum punishment can extend up to 7 years and fine.
- Courts examine intention, surrounding facts, communication, and evidence.
- Threats through calls, messages, online communication, or in person may also become relevant depending on facts.
- Criminal liability depends on evidence and circumstances of each case.
Legal Provision or Section
Relevant Act
Indian Penal Code, 1860
Section Number
Section 387 – Putting person in fear of death or of grievous hurt, in order to commit extortion.
The section provided punishment where a person, to commit extortion, puts or attempts to put another person in fear of death or grievous hurt. Punishment could extend to 7 years along with fine.
Current Legal Status
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024.
The subject matter of IPC Section 387 is now covered under the extortion provisions of the Bharatiya Nyaya Sanhita (BNS), with corresponding treatment under Section 308. New criminal cases are generally registered under BNS provisions after implementation.
Conclusion
IPC Section 387 addressed situations where a person uses fear of death or serious injury to commit extortion. The law treated such conduct seriously because it affects personal safety and property rights at the same time. Although IPC has now been replaced by BNS, understanding IPC Section 387 remains useful for students, citizens, and anyone reading older legal records or judgments.
Sources & References
- India Code
- Legislative Department, Government of India
- Ministry of Home Affairs, Government of India
- Bharatiya Nyaya Sanhita, 2023 (India Code)
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.