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m.karthikeyan (Advocate)     18 September 2021

Can a accused be sentenced simultaneously for section 385(putting a person in fear of injury in order to commit extortion) and section 506 part 1?

Can a accused be sentenced simultaneously for section 385(putting a person in fear of injury in order to commit extortion) and section 506 part 1?

I understand section 385 is regarding attempt to commit extortion under section 383 and for section 383 the ingredients are
a) intention to cause fear of injury(s.44 defines injury which includes harm to mind, body, reputation, property)
b) dishonesty inducing
c) delivery of property or valuable security.
section 385 doesn't requires delivery and it requires other ingredients of section 383.

Regarding section 506 part 1 it is about penalty, so if you refer to definition under section 503, it has two parts that is threat to cause injury to person, reputation or property with
a)intent to cause alarm or
b) intent to cause one to do or omit to do any act.

For intimidation presence of accused and victim may or may not be required and demand to do a particular act (which includes delivery of any property or money)or omission may or may not be immediate.

but for attempt to commit extortion both parties presence is required. demand to deliver any property or money is immediate.

so if a person extorts someone to cause injury and demands money directly.

The act amounts to offence under s.385 and 503 part 2( punishable under 506 part 1). if a accused is sentenced under both the sections,whether a conviction under both the sections amount to double jeopardy, since the accused is punished twice for same act.

if the accused is sentenced either one of the sections 385 and. 506 part 1, what is the reason for that ?


Learning

 3 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     19 September 2021

Seek guidance of your professor/ tutor / coach. This site is meant to help needy litigants and not for providing coaching / taking examination.

m.karthikeyan (Advocate)     19 September 2021

Sir, this is the practical question about the application of law usually faced by advocates and judges when sentencing a accused

P. Venu (Advocate)     19 September 2021

What are the facts? What is the context?

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