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arvasweet@hotmail.com (n/a)     18 February 2009

Query urgent

Dear All,

Please read the following statement " Pay me my money or I go to court". Will this amount to extortion. If yes then is there any Suprmen court case law supporting it.

Please revert on priority.



Learning

 5 Replies

PALNITKAR V.V. (Lawyer)     18 February 2009

In my opinion it doesnt amount to extortion. The facts do not attract all the ingredients of offence of extortion.

AEJAZ AHMED (Legal Consultant/Lawyer)     18 February 2009

DEAR,


There is  no  '  ingredients '   of   "  EXTORTION  "  in the Statement.

 


EXTORT   

verb [T]

to obtain something by force or threat, or with difficulty:

He had been extorting money from the old lady for years.

Police have not so far been able to extort a confession from the people accused of the bombing.



EXTORTION 

noun [U]

He was found guilty of obtaining the money by extortion (= by forceful methods).



EXTORTIONER

noun [C] (ALSO extortionist)

a person who obtains something by force or threat

 



Simply he is demanding to pay his money, otherwise he will  initiate " Legal Steps "  against you  in the Court of Law.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     19 February 2009

No it does not amount to extortion.

V.V.RAMDAS (Advocate)     19 February 2009

Dear friend,


Your question  does not contain the ingredients of offence  extortion as contemplated in section 383 of I.P.C. The ingredients of offence extortion  are:(1)Putting a person in fear(2)The fear caused  to aperson must be a fear of injury either to himself or to some other person in whom the person put in fear is interested(3) the fear mut be intentionally caused.(4) As a consquence of the fear so exercise the person put in fear is induced by the offender to deliver any property or any valuable securty or anything signed or sealed to any person which is capble of being converted into a valuable securtity.(5) The offender mut act dishonestly in doing so, i.e., he must act with the intention to cause wrongfull gain or wrongful loss. So the punishement  for extortion is U/S 384 .I.P.C

arvasweet@hotmail.com (n/a)     20 February 2009

But if the offender has the intention and knowledge tht whtever he is doing could form a component of extortion and he has cleverly selected word so that he cannot be framed. Under such circumstances wht should be done.


Regards,


Arva


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