Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 880038616
The key differences between theft and extortion lie in their methods, consent mechanisms, and the nature of property involved. Here's a comprehensive comparison based on the provisions of both the Indian Penal Code (IPC) and Bharatiya Nyaya Sanhita (BNS):
Definitions
Theft is defined under Section 378 of the IPC and Section 303 of the BNS as the dishonest intention to take any movable property out of someone's possession without their consent. The BNS definition states: "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 taking, is said to commit theft".
Extortion is defined under Section 383 of the IPC and Section 308 of the BNS as intentionally putting any person in fear of injury and thereby dishonestly inducing them to deliver property or valuable security. The BNS defines it as: "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, commits extortion".
Key Differences
Nature of the Offense:
Theft: Involves physically taking property without the owner's consent
Extortion: Involves obtaining property by creating fear or making threats
Method Used:
Theft: Physical removal of property without any threat or coercion
Extortion: Psychological coercion through threats of harm, death, or injury
Consent Factor:
Theft: No consent is obtained from the victim
Extortion: Consent is obtained, but it's vitiated due to fear or compulsion
Property Involved:
Theft: Only movable property can be the subject of theft
Extortion: Can involve movable property, immovable property, valuable securities, or documents
Victim's Role:
Theft: The victim does not voluntarily deliver the property
Extortion: The victim delivers the property under fear or compulsion
Illustrative Examples
Theft Example: A person cuts down a tree on someone else's property with the intention of dishonestly taking it without the owner's consent. As soon as the tree is severed for such taking, theft is committed.
Extortion Example: In Ram Chandra v. State of Uttar Pradesh (1977), the accused kidnapped a boy and sent ransom letters to the father threatening to kill the boy unless money was paid. This constituted extortion under Section 386 of the IPC.
The fundamental distinction is that theft involves stealth and secrecy in taking property, while extortion involves open threats and coercion to compel the victim to voluntarily part with their property or valuables.
