Legal Provisions of Section 389 of Indian Penal Code, 1860.
Putting person in fear of accusation of offence, in order to commit extortion:
This section punishes putting a person in fear of accusation of an offence in order to commit extortion. It states that whoever, in order to the committing of extortion either puts or attempts to put any person in fear of an accusation, whether against that person or any other person, that he had either committed, or attempted to commit an offence punishable with death, or with imprisonment for life, or with imprisonment for a term extending up to ten years, 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 be punishable under section 377, may be punished with imprisonment for life.
The use of the words ‘in order to the committing of extortion’ shows that extortion may not be committed. But in order to its committing the offender puts or attempts to put any person in fear of an accusation whether against that person or any person. The accusation must be that he had committed or attempted to commit any such offence as is punishable with death, or imprisonment for life, or imprisonment up to ten years. If the accusation is that he had committed an unnatural offence the punishment will be severer and may extend to imprisonment for life.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.
Of Robbery and Dacoity
This part of the chapter of offences against property is dealt with under sections 390 to 402, both inclusive, and they concern robbery and dacoity.