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IPC 389 - Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 Years in order to commit extortion.

Description of IPC 389

Description of IPC Section 389 According to section 389 of Indian penal code, Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with imprisonment for life. IPC 389
Offence Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 Years in order to commit extortion.
Punishment 10 Years + Fine
Cognizance Cognizable
Bail Non-Bailable
Triable Sessions Court
Extortion by threat of serious accusations.
Up to 10 years imprisonment and a fine; life imprisonment if the offense is under Section 377.

IPC 389 in Simple Words

According to section 389 of the Indian Penal Code, if someone attempts to extort by putting a person in fear of false accusations related to serious crimes, they can be punished with imprisonment up to ten years, and if the offense is under section 377, they may be punished with life imprisonment.

Importance and Practical application

Addresses extortion involving threats of severe legal consequences.

Practical application:

Imagine a situation where a business owner is threatened by a former employee who has access to sensitive company information. The former employee demands a large sum of money, threatening to falsely accuse the owner of committing fraud, which could result in severe legal consequences including significant prison time. The threat instills fear in the owner, leading them to consider paying the extortionist to avoid the potential fallout. In this case, the former employee is attempting to extort the business owner by putting them in fear of a false serious accusation. If prosecuted, the former employee could face imprisonment for up to ten years and a fine, reflecting the serious legal ramifications of such extortionate threats under IPC Section 389. This example illustrates the law's intent to protect individuals from being coerced into compliance through the fear of wrongful criminal accusations.

Conclusion

Provides penalties for extortion with threats of serious accusations.