Distinction between Theft and Extortion are as follows:
1. In theft the offender takes property without the consent of the owner; extortion is committed by wrongfully obtaining of consent.
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ADVERTISEMENTS:
2. Only movable property may be the subject-matter of theft; the property obtained by extortion is not limited only to the movable one, even immovable property may be the subject-matter of extortion and it also covers ‘valuable property’.
3. In theft the property is taken by the offender; in extortion the property is delivered to the offender.
4. In theft no force or threat is used or fear is caused while taking the property; in extortion the property is obtained by intentionally putting a person in fear of injury to that person or any other and thereby dishonestly inducing him to part with his property. Extortion includes theft plus force and sometimes violence.
5. In theft, the offender’s intention is always to take without the person’s consent. The offence of extortion is carried out by overpowering the will of the owner.
ADVERTISEMENTS:
6. In theft, only dishonest intention is seen in the act of accused and in extortion, besides dishonest intention, the accused puts the owner or possessor in fear of injury and even to cause death.
7. Theft overlaps with cheating, criminal misappropriation, criminal breach of trust on certain occasions. On no occasion, extortion can overlap theft, cheating, criminal misappropriation, criminal breach of trust, etc. Extortion is nothing but blackmailing coupled with force. Sometimes, it also includes wrongful confinement to fulfil its demands.
8. Section 378 of the Indian Penal Code defines ‘theft’ and Section 383 of the Code defines extortion.
9. The punishment for both theft and extortion is three years imprisonment and/or fine.