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SECTION 388 IPC - Indian Penal Code - Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc


Description

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall 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 one punishable under section 377 of this Code, may be punished with imprisonment for life.


Applicable Offences

1. Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 Years.

Punishment - 10 Years + Fine.
This is a Bailable, Cognizable offence and triable by Magistrate First Class

2. If the offence threatened be an unnatural offence

Punishment - Imprisonment for Life
This is a Bailable, Cognizable offence and triable by Magistrate First Class

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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