BNS Section 119 – Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act
IPC Section – 327 – 329
Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act
(1) Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in subsection (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Key Points: Voluntarily Causing Hurt or Grievous Hurt for Extortion or Coercion
Voluntarily Causing Hurt or Grievous Hurt
Hurt and grievous hurt in this section refer to physical harm inflicted on a person with the specific intent of either extorting property or forcing someone to commit an illegal act.
Purpose of Extortion
The offense involves causing hurt for the purpose of:
- Extorting Property or Valuable Security:
- Forcing the victim or someone connected to the victim (e.g., family member or friend) to surrender money, property, or any valuable document.
- Constraining to an Illegal Act:
- Coercing the victim or a person connected to the victim into committing an illegal act or facilitating the commission of an offense.
Property or Valuable Security
- Property refers to any material possession, including money, land, or goods.
- Valuable security refers to documents that have monetary value or legal rights attached, such as a promissory note, bond, or title deed.
Details of the Offense
- Offense: Voluntarily causing hurt to extort property or to constrain to an illegal act
Punishment: Imprisonment for 10 years and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Magistrate of the first class
- Offense: Voluntarily causing grievous hurt for any purpose referred to in sub-section (1)
Punishment: Imprisonment for life, or imprisonment for 10 years and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
This provision, under the Bharatiya Nyaya Sanhita, ensures that those who cause harm for the purposes of extortion or coercion face severe penalties, with higher consequences for those causing grievous harm.
