Legal Provisions of Section 386 of Indian Penal Code, 1860.
Extortion by putting a person in fear of death or grievous hurt:
This section punishes committing extortion by putting a person in fear of death or grievous hurt. It says that whoever commits extortion by putting any person in fear of either death or of grievous hurt either to that person or to any other person, shall be punished with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine.
Commission of extortion is necessary under this section because the word used is ‘commits’, unlike the preceding section where the words used are ‘in order to the committing of. Kidnapping and abduction, for ransom, have been held to be punishable under this section where the ransom money is paid under threat of death or grievous hurt of the person kidnapped or abducted. It is a serious offence as is shown by the quantum of punishment prescribed.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.