Criminal Law
Extortion
Study Extortion with clear BNS rules, essential ingredients, leading cases, examples and concise exam-ready revision for law students.
Quick answer
Extortion requires intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security or something signed or sealed capable of conversion.
Rule and essential ingredients
Extortion requires intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security or something signed or sealed capable of conversion. Begin with the statutory language. Criminal liability follows only when the prosecution proves each required ingredient beyond reasonable doubt, subject to any applicable exception or statutory presumption.
Fear of injury
The threat may concern injury to the person threatened or another, and injury includes legally recognised harm to body, mind, reputation or property.
Intentional fear
The accused must deliberately create the fear rather than merely benefit from anxiety caused independently.
Induced delivery
The victim must deliver because of the fear; without delivery, the facts may amount to attempt or another threat offence.
Application, limits and proof
A strong answer does not stop at a definition. It identifies the contested ingredient, compares the evidence with the statutory threshold and explains why nearby offences or defences do or do not apply.
Theft distinction
Extortion obtains consensual delivery corrupted by fear, while theft involves taking without consent.
Robbery threshold
Extortion becomes robbery only when the offender is present and uses fear of instant harm to obtain immediate delivery.
Landmark cases
Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.
Romesh Chandra Arora v. State
AIR 1960 SC 154Held: A threat to reputation used to obtain money can constitute extortion where fear dishonestly induces delivery.
Use in an answer: Use this authority to explain the controlling test for extortion, then apply that test to the problem facts.
Dhananjay v. State of Bihar
(2007) 14 SCC 768Held: Extortion requires proof that fear caused the delivery of property or valuable security.
Use in an answer: Use this authority to explain the controlling test for extortion, then apply that test to the problem facts.
How to write this answer in an exam
- Open with the relevant BNS provision and its purpose.
- List the ingredients in the order in which they must be proved.
- Apply conduct, circumstances and mens rea separately.
- Address the closest distinction, defence or aggravated form.
- Conclude on liability and punishment without assuming disputed facts.
Quick revision
- Extortion requires intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security or something signed or sealed capable of conversion.
- The threat may concern injury to the person threatened or another, and injury includes legally recognised harm to body, mind, reputation or property.
- The accused must deliberately create the fear rather than merely benefit from anxiety caused independently.
- Extortion obtains consensual delivery corrupted by fear, while theft involves taking without consent.
- The prosecution ordinarily bears the burden of proving every ingredient beyond reasonable doubt.
Test yourself
- What is the central legal test for extortion?
- Which fact establishes the required mental element?
- What nearby rule is most likely to be confused with this topic?
Frequently asked questions
What should an answer on extortion prove first?
Start with the charged BNS provision and the conduct it prohibits. Then prove the required circumstances and mental state separately before discussing punishment or a defence.
Are older IPC judgments still useful after BNS?
Yes, where the BNS language and principle remain materially similar. The current BNS text must lead, and an older case should not override a changed definition, ingredient or punishment.