Extortion Laws And Judicial Interpretation
- IJLLR Journal
- 14 minutes ago
- 2 min read
Vaibhav Singh Payal, Law College Dehradun, Uttaranchal University
Ms. Purnima Tyagi, Law College Dehradun, Uttaranchal University
1. Introduction
This article broadly highlights the offence known as extortion, which has been identified under offences against property as enshrined in Sections 383 to 389 of the Indian Penal Code (IPC). Extortion is that state of affairs whereby a person either instils fear in another or threatens that person in order to compel him to hand over to another person property, valuable security, or a signed or sealed document which may be converted into valuable security. Generally speaking, threats of physical violence, damage to property, loss of money, or abuse of official power are covered by this term. The offence itself is complete by threatening alone; it does not require any actual money or property to be received.
Furthermore, in terms of international law, a very important piece of legislation enacted in December 2023 is the Foreign Extortion Prevention Act, which was signed into law by U.S. President Joe Biden. This federal law criminalizes the collecting or solicitation of bribes by foreign public officials, complementing the Foreign Corrupt Practices Act (FCPA) of 1977. Whereas the FCPA prohibits certain U.S. companies from bribing foreign officials, the FEPA reflects the opposite side of that regulation by penalizing foreign officials who would solicit these bribes. This approach makes the law much more symmetrical and should lead to greater transparency and fairness in the practice of international business.
Prevention of Corruption Act, 1988, is the chief legislation on bribery and corruption in India. Its hurdles were initially only up to public servants; subsequently, it has been widened to provide for persons entrusted with public functions. Earlier, the law only penalized a bribe- taker, and the bribe-giver faced no action unless the latter were charged with abetment. But after India's ratification of the United Nations Convention against Corruption (UNCAC), amendments were introduced into the PC Act to bring it into line with international standards. The reform now provides for the prosecution of both taker and giver of the bribe, including companies. Thus, India's anti-corruption legislative framework is now better aligned with the global conventions, much like the rest of the legislative measures taken by the United States.
