Legal Provisions of Section 385 of Indian Penal Code, 1860.
Putting person in fear of injury in order to commit extortion:
Putting or attempting to put a person in fear of injury in order to commit extortion has been penalised under this section. The section states that whoever either puts or attempt to put any person in fear of injury in order to the committing of extortion, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. Putting in fear and attempting to put in fear of any injury both have been treated at par, and it is not necessary that extortion must take place because the language used is ‘in order to the committing of extortion’.
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ADVERTISEMENTS:
Where in a criminal case a mukhtyar, with the intention of extorting money, threatened to put scandalous, indecent and irrelevant questions intended to annoy and insult the prosecution witnesses, he was held guilty under this section. Where a police officer was charged with having abetted the accused to extort money from the complaintant, it could not be held that he had done the same in his official capacity, and, therefore, necessary sanction under section 197, Code of Criminal Procedure, 1973 for his prosecution was not needed.
The offence under section 385 is cognizable, bailable and non-compoundable, and is triable by any magistrate.