Page 22 - Insurance Times December 2019

dwelling, or used for the custody of property, shall be with imprisonment of either description for a term which
punished with imprisonment of either description for a may extend to three years, or with fine, or with both.
term which may extend to seven years, and shall also be
liable to fine. Main ingredients of the offence are-
Y Intentionally putting a person in fear of injury to
Section 381 in the Indian Penal Code: Theft by clerk or himself or another: and
servant of property in possession of master.-Whoever, being
Y Dishonestly inducing the person so put in fear to
a clerk or servant, or being employed in the capacity of a
clerk or servant, commits theft in respect of any property deliver to any person any property or valuable security.
in the possession of his master or employer, shall be
punished with imprisonment of either description for a The distinction between theft and extortion is:
term which may extend to seven years, and shall also be (a) In extortion the consent is obtained and in theft no
liable to fine. consent is required,
(b) In extortion both the property movable or immovable
Section 382 in the Indian Penal Code: Theft after may be the subject matter, but in theft only movable
preparation made for causing death, hurt or restraint in property can be stolen,
order to the committing of the theft.-Whoever commits
theft, having made preparation for causing death, or hurt, (c) In extortion the delivery is there by inducing fear while
or restraint, or fear of death, or of hurt, or of restraint, to in theft the thief takes away the property without
any person, in order to the committing of such theft, or in getting delivery from the owners and lastly,
order to the effecting of his escape after the committing (d) In extortion the overpowering of the will of the will of
of such theft, or in order to the retaining of property taken the owner exists. While in theft the element of force
by such theft, shall be punished with rigorous imprisonment is absent.
for a term which may extend to ten years, and shall also
be liable to fine. Section 385 in The Indian Penal Code: Putting person in
fear of injury in order to commit extortion. Whoever, in
Section 383 in the Indian Penal code: Extortion: whoever order to the committing of extortion, puts any person in
intentionally puts any person in fear of any injury to that fear, or attempts to put any person in fear, of any injury,
person, or to any other, and thereby dishonestly induces shall be punished with imprisonment of either description
the person so put in fear to deliver to any person any for a term which may extend to two years, or with fine, or
property, or valuable security or anything signed or sealed with both.
which may be converted into a valuable security, commits
"extortion". Section 386 in The Indian Penal Code: Extortion by putting
a person in fear of death or grievoushurt.-whoever commits
Section 384 in the Indian penal code: Punishment for extortion by putting any person in fear of death or of
extortion:-whoever commits extortion shall be punished grievous hurt o that person or to any other, shall be
punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable
to fine.

Section 387 in The Indian Penal Code: Putting person in
fear of death or of grievous hurt, in order tocommit
extortion.-Whoever, in order to the committing of
extortion, puts or attempts to put any person in fear of
death or of grievous hurt to that person or to any other,
shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also
be liable to fine.

Section 388 in The Indian Penal Code: Extortion by threat
of accusation of an offence punishable with death or

22 The Insurance Times, December 2019