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mukesh gupta (advocate)     13 May 2013

Criminal intimidation

A commits cheating with B.X came to know about this cheating. X threaten A to give Rs.50,000/- to him, otherwise he will complain about cheating to the court.

NOTE:-  "INJURY" is one of the ingredients of criminal intimidation?

ARGUEMENT:-     Here threat to complain to court is not "INJURY"{ beacause threatening to complain is not an illegal act} as per sec,43 IPC, because injury means illegal harm. x, no doubts, gave threat, but still complaint to court can never be said to cause injury, because it is not an threat to cause illegal harm.

QUESTION:-  whether X may be prosecuted for committing offence of criminal intimidation?



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 May 2013

Dear Padam

I think this act will be comes under this section

383. Extortion.-- 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". Illustrations

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z' s child in worngful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A to Z sings and delivers the note. A has committed extortion.
(c) A threatens to send club- men to plough up Z' s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z sings and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security A has committed extortion.

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