Extortion takes a middle place between theft and robbery. A person commits extortion who:
- Intentionally puts a person in fear of injury to himself or another,
- Dishonestly induces the person so put in fear,
- To deliver to any person any property or valuable security.
For Example: B, threatens to Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain money to A. Z signs and delivers the note. A has committed extortion.
DISTINCTION BETWEEN EXTORTION AND THEFT
- In extortion consent is obtained wrongfully, while in theft the offender takes without owner's consent.
- In extortion the subject matter may be movable or immovable property, while in theft it must be movable property only.
- In extortion the property is obtained by putting a person in fear of injury to that person or to any other to part with his property, while in theft there is no element of force.
Whoever commits extortion shall be punished with imprisonment for a term, which may extend to three years, or with fine, or both. While committing extortion if any person puts or attempts to put any person in fear of death or grievous hurt to that person or any other, then he shall be punished with an imprisonment which may extend to seven years, and shall also be liable to fine.