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SECTION 389 IPC - Indian Penal Code - Putting person in fear or accusation of offence, in order to commit extortion
Last Updated: 01 Sep, 2023
By Advocate Chikirsha Mohanty
Table of Contents
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 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.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| 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. | 10 Years + Fine | Cognizable | Bailable | Magistrate First Class |
| If the offence be an unnatural offence | Imprisonment for Life | Cognizable | Bailable | Magistrate First Class |
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 : Bailable
Triable : Magistrate First Class
Offence : If the offence be an unnatural offence
Punishment : Imprisonment for Life
Cognizance : Cognizable
Bail : Bailable
Triable : Magistrate First Class
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Legal Questions Answered by Top Lawyers on IPC 389
TO COUNTER A FALSE CASE FILED UNDER S-498A IPC
you have the wrong information as a case or complaint under section 389 IPC is not maintainable against a false case filed against you under Section 498-A of IPC. it will be outrightly dismissed and w ....
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My maid is trying to blackmail
File a FIR against her before she can take any legal action if file complaint/FIR first the ....
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Advocate Ananth Shankar Sharma
Durgapura, Jaipur
Sir I am preparing for upsc one case file 2 years back where false
Hello Sir,
Kindly share with me your judgement or order copy of your case where it written so that i can help you to understand with it.
You can contact to have conversation.
Thanks,
Adv Pooja Marw ....
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Advocate Pooja Marwah
Faridabad, Delhi
Husband's client trying to harass and lodging false complaint, advise
If your husband received Summon from court then he is bound to appear before that Magistrate, otherwise, Warrant of Arrest may be issued against your husband. If, once W/A issued then as a consequence ....
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FAQ's on IPC Section 389
What offence is defined under IPC 389?
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..
What is the punishment for IPC 389 Case?
The punishment for IPC 389 is 10 Years + Fine.
Is IPC 389 cognizable offence or non-cognizable offence?
IPC 389 is a Cognizable.
How to file/defend your case for IPC 389 offence?
Use LawRato for filing/defending your case under IPC 389 with the help of best criminal lawyers near you.
Is IPC 389 bailable or non-bailable offence?
IPC 389 is a Bailable offence.
In what court can IPC 389 be tried?
IPC 389 is tried in the court of Magistrate First Class.
