Extortion under Bharatiya Nyaya Sanhita, 2023 (BNS)
Section 308 of BNS defines extortion as the intentional act of putting any person in fear of injury to obtain property, valuable security, or signed/sealed items dishonestly. The essence of extortion lies in inducing fear and making the victim deliver the desired items to the offender.
Robbery under Bharatiya Nyaya Sanhita, 2023 (BNS)
Section 309 of BNS describes robbery as an offense involving either theft or extortion. In the context of robbery, theft becomes robbery if the offender, in committing or attempting the theft, voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of these to any person. Robbery extends beyond theft and includes the element of force or threat during or after the theft.
Difference between extortion and robbery under BNS:
1. Nature of Offense:
- Extortion: Primarily involves inducing fear to dishonestly obtain property. The focus is on coercing the victim through fear-induced consent.
- Robbery: Encompasses theft or extortion, emphasizing the use of force or threat during or after the theft. It places importance on the physical or immediate threat element.
2. Fear and Consent Dynamics:
- Extortion: Centers on intentionally inducing fear to secure consent, often involving threats of harm to the person or others. The element of fear here may not be immediate.
- Robbery: Fear is crucial, but the emphasis is on immediate force or threat used during or after the theft. Consent may be coerced through overpowering the victim's will with immediate threats.
3. Delivery of Property:
- Extortion: Involves inducing the victim to deliver property, valuable security, or signed/sealed items through fear. The act of delivery is a mandatory requirement here.
- Robbery: Property is obtained through theft or extortion, with the actual taking of property often accompanied by immediate force, threat, or fear.
4 Punishment:
- Extortion: Punishment varies, with imprisonment up to seven years in general cases and a maximum of ten years in instances involving fear of death or grievous hurt.
- Robbery: Carries rigorous imprisonment for up to ten years, with an extended term of fourteen years if committed on the highway between sunset and sunrise.
6. Voluntary Causation of Hurt:
- Extortion: Generally does not involve the voluntary causation of hurt, focusing on inducing fear through threats.
- Robbery: If the offender voluntarily causes hurt, the severity of punishment increases, adding a dimension of physical harm to the offense.
7. Presence of accused
- Extortion: Immediate presence of accused is not essential.
- Robbery: In robbery, immediate presence of the accused is there causing fear of instant harm to the victim.
Difference between extortion and robbery under BNS (Bharatiya Nyaya Sanhita)
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