Difference between Theft and Extortion

1. Introduction

Section 378, 379, 383 and 384 explains fully the definitions and punishment of theft and theft the extortion occupies a middle place between theft and robbery. Both offences are different from each other.

2. RELEVANT PROVISION

Following are the relevant provisions of PPC regarding the concerned topic:

Sections 378 and 379 for theft.

Sections 383 and 384 for Extortion.

3. THEFT IT SEC . 373

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such tacking, is said to commit theft.

I. INGREDIENTS OF THEFT:

In order to constitute theft, following factors are essential.

(a) Dishonest intention to take property.

(b) Property must be moveable

(c) That , should be in possession of other person.

(d) There must be remove or moving of that property.

(e) Without consent of the owner.

II. PUNISHMENT U/SEC. 379:

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

4. EXTORTION U/SEC. 383:

Whoever intentionally puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.

I. INGREDIENTS:

Following are the ingredients of extortion.

i. Fear of Injury

There must be intentionally putting a person in fear of injury to himself or another. Injury implies illegal harm, and it may be of any kind.

Illustration

`A' threatens 'B' that he will keep 'A's child in wrongful confinement unless ‘A' gives him certain amount of money. 'A' has committer extortion:

(ii) Dishonest Inducement

The element of dishonesty if the essence of the offence of extortion. There can be no extortion unless a person is by threat of injury dishonestly induces to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into valuable security.

Illustration

`A' by putting 'Z' in fear of previous hurt, dishonestly induces 'Z' to sign or fix his seal to a blank paper and deliver it to 'A'. Signs and delivers the paper to 'A'. Here as the paper so signed may be converted into a valuable security `A' has committed extortion.

a. Try any Person

It is not necessary that the threat should be used and the property received by one and the same individual. A threat may be made by some and the property received by other persons, and all will be guilty of extortion.

II. PUNISHMENT U/SEC 384

Whoever, commits extortion shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

5. DIFFERENCE BETWEEN THEFT AND EXTORTION

I. AS TO CONSENT

a. In extortion, consent is obtained by putting the person in possession of property in fear of injury to himself or any other person.

b. In theft, the offender's intention is to take the property without the owner's consent.

II. ELEMENT OF FORCE

a. There is element of force in the offence of extortion as the property is obtained by putting a person in fear of injury to that person or any other.

b. There is no element of force in theft.

III. SCOPE

a. Extortion is wider in scope as it covers any kind of property, valuable security or anything that my be converted into valuable security.

b. Theft covers only the cases of moveable property.

iv. PROPERTY

a. In extortion, both moveable and immovable property may be the subject of the offence.

b. In theft it is limited only to moveable property.

v. EFFECT

a. In extortion, the property is delivered.

b. In theft, there is dishonest removal of property.

Vl. TAKING OF PROPERTY

a. In extortion, threat may be by one person and the property may be received by another person.

b. In theft, property must be move by a person in order to such taking.

6. ANALYSIS

In last to Conclude I can say that theft and extortion are two different offences, relating to property. The main difference between theft and robbery is presence of force in theft by extortion and element of force is absent in thefts.

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