Putting or attempting to put a person in fear of injury in order to commit extortion has been penalized under this section.

Section 385: Putting person in fear of injury in order to commit extortion

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Nature of Offence:

The offence under section 385 is cognizable, bailable and non-compoundable, and is triable by any magistrate.

Essential Ingredients:

1. That the accused put any person in fear; or
2. The accused attempted to put any person in fear, of any injury; and
3. The accused did so in order to the committing of extortion.

Putting in fear and attempting to put in fear of any injury both have been treated at par, and it is not necessary that extortion must take place because the language used is ‘in order to the committing of extortion’.

In Emperor v. Fazlur Rehman, AIR 1930 Pat 543 case, a mukhtyar, with the intention of extorting money, threatened to put scandalous, indecent and irrelevant questions intended to annoy and insult the prosecution witnesses, he was held guilty under Section 385.  The Court also held that the threat should be of some conduct which might either constitute an offence in criminal law or which might be made the basis of civil action for damages. Anything forbidden by law is unlawful and by virtue of the wide language of Section 43 is illegal.

In Chaturbhuj v. Emperor, AIR 1922 ALL 529 case, a cloth seller was threatened with the imposition of fine if he continued to sell foreign cloth. He continued to sell such cloth and to enforce payment of the fine his shop was picketed for two hours and he lost a certain amount of business and ultimately paid the fine. It was held that the person responsible for picketing was guilty of an offence under Section 385 and 384 also. When the cloth seller was threatened with the imposition of fine if he continued to sell foreign cloth, no fine was paid by him. Thus the accused put the shopkeeper in fear to get fine, which was not paid (no delivery of valuable property). Here Section 385 is applicable. But in the second part the shop was picketed for two hours under fear of further loss of business the shopkeeper paid the fine (delivery of valuable property). Thus the offence of extortion is committed under Section 384.

What Prosecution Should Prove?

1. That the victim was put in fear or an attempt was made on part of accused to put the victim in fear; and
2. That this fear or attempt to put the victim in fear was to cause some injury as defined in Section 44 of IPC.
3. That the accused did above conduct to do extortion as defined under Section 383 of IPC.

Punishment:

Section 385 says that whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Note that the phrase “may extend to two years, or with fine, or with both”. It means the accused if convicted can be set free by paying only fine and if imprisonment (simple) is ordered then it can be less than 2 years also. Maximum of 2 years simple imprisonment can be awarded. Note the difference that Section 384 is applicable when the offence of extortion is completed while Section 385 is applicable when there is an attempt to commit the offence of extortion.