Question

R obtained a sum of Rs.50,000/- from D by putting D in fear of death. Here R commits

• A. Extortion
• B. Cheating
• C. Mischief
• D. Robbery

Hint:

The key difference between Extortion and Robbery (when arising from extortion) is the element of \textbf{immediacy} and \textbf{presence}. If the threat is of \textit{instant} death/hurt/restraint and the offender is present to enforce it, it's robbery. If the threat is of a future harm, it's extortion.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
This question requires differentiating between the property offenses of extortion and robbery under the Indian Penal Code, 1860 (IPC). While related, they are distinguished by the immediacy of the threat and the presence of the offender.
Step 2: Detailed Explanation:
- Extortion (Section 383 IPC): Is committed when a person intentionally puts another in fear of any injury and thereby dishonestly induces them to deliver any property. The fear does not have to be of instant death or hurt.
- Robbery (Section 390 IPC): Robbery is an aggravated form of either theft or extortion.
The relevant part for this question is when extortion becomes robbery. Section 390 states: "Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint..."
In the given scenario, R obtained the money from D by "putting D in fear of death". While the word "instant" is not used, the context of obtaining the sum directly implies the offender (R) is present and the threat is immediate to compel the delivery of property. This act fits the description of robbery perfectly. The fear of death takes the offense beyond simple extortion and elevates it to robbery.