Legal Provisions of Section 388 of Indian Penal Code, 1860.
Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc:
Committing extortion by threat of accusation of an offence punishable with death or imprisonment for life has been made punishable under this section. The section states that whoever commits extortion by putting any person in fear of an accusation against either that person or any other, that he had committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term extending up to ten years, or that he had attempted to induce any other person to commit such offence, shall be punished with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine; and if the offence was one punishable under section 377, may be punished with imprisonment for life.
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ADVERTISEMENTS:
It is an aggravated form of extortion. According to this extortion must have been, committed by the offender after putting the person extorted or any other person of an accusation that he had committed, or had made an attempt to commit, any offence punishable with death, imprisonment for life or imprisonment for a term up to ten years, or he had made an attempt to induce any other person to commit such offence. The punishment may be imprisonment for life where extortion is committed by putting any person in fear of an accusation that he had committed an unnatural offence.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.