Are you aware of the difference between theft and extortion? Or are you one of those who use the two terms synonymously? Either be the case, it is important to know that the two are difference offences having different punishments. In criminal offenses, ingredients and nature of an offence play a crucial role for prosecuting someone. Therefore, whoever is a student of criminal justice in India must be aware of the offence of theft and extortion, and their difference as distinct offences. Let us explore the difference of ingredients of theft and extortion, as defined under the Bharatiya Nyaya Sanhita 2023.
Theft and Extortion Difference
In order to understand the difference between theft and extortion, one needs to understand the two acts. When the essence of what constitutes theft, and extortion, is understood, it is easier to grasp the difference between these two offences. Therefore, the two offences under the Bharatiya Nyaya Sanhita, 2023 have been discussed hereunder:
Theft under BNS Section 303
“303. Theft – (1) 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.”
Comment: The provision defines what constitutes theft. As per sub-section 1, theft takes place when one person dishonestly takes movable property from the possession of another without his/her consent. The specific ingredients of theft must be fulfilled in a complaint in order to punish someone for the offence of theft.
“Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.”
Comment: First Explanation to Section 303 clarifies the essence of movable property for committing theft. It lays that as long as something is immovable for the reason of being attached to earth, it cannot be stolen. However, once detached from earth, it becomes a movable property and subject to theft as well. An example can be a crop which cannot be stolen when growing in agricultural land. However, once the same is harvested, it becomes a movable property and anyone dishonestly taking it away without consent of the person in charge is punishable for theft.
“Explanation 2.—A moving effected by the same act which affects the severance may be a theft.”
Comment: Since the definition of theft underscores ‘moving’ as the act, the second explanation includes any such act which leads to severance in this context. The explanation throws light upon the scope of movement to define theft.
“Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.”
Comment: The third explanation further expands the scope of ‘movement’ for committing theft. Suppose a car is kept in place with a few bricks and someone removes those bricks so as to remove the obstacle which could prevent movement of the said car. In this case, the act is to remove the obstacle leading to theft. If there is a locker containing expensive jewels, and someone removes the lock itself so as to easily sneak through the jewels, then that also constitutes theft.
“Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.”
Comment: Explanation 4 to Section 303 clarifies that the movable property is not confined to non-living things. It also includes cattle and any kind of animal. Moving such animal, and anything attached to them which moves, is also an act of theft.
“Explanation 5.—The consent mentioned in this section may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.”
Comment: Another important ingredient of theft under BNS is consent. The fifth explanation hereby clarifies what constitutes consent for the said purpose. It could be expressed or implied through the behaviour, gesture, etc. The consenting person may be in possession of the said immovable property so stolen, or person authorized, either expressly or impliedly.
“(2) Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine:”
Comment: The punishment for theft is maximum imprisonment of 3 years – with or without fine. For second or subsequent conviction for theft, the punishment turns out to be rigorous imprisonment for minimum 1 and maximum 5 years, along with fine.
In other words, someone caught stealing the first time may be imprisoned for a maximum period of 3 years (the minimum can be 1 day or a few hours as well). For habitual offenders caught the second or more times, the minimum punishment for theft is 1 year rigorous imprisonment with fine. The maximum in this case is 5 years of rigorous imprisonment with fine.
“Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service.”
Comment: Proviso to Section 303 of BNS lays an exception to a person who commits theft and returns the stolen property worth less than Rs 5,000. It states that in such a case, community service as punishment may be imposed.
Ingredients of Theft under BNS
The main ingredients of theft under Bharatiya Nyaya Sanhita, as defined under Section 303, are as follows:
- Taking or moving dishonestly
- Any movable property
- Out of another person’s possession
- Without his/her consent
Extortion under BNS Section 308
“308. Extortion – (1) 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 or anything signed or sealed which may be converted into a valuable security, commits extortion.”
Comment: Sub-Section 1 to Section 308 of the BNS defines extortion. It lays that when a person with ill intent threatens another for injury to that person or someone else, and dishonestly induces the said person to deliver a property, valuables, signed or sealed documents to convert to a valuable security, he/she commits extortion. In simple words, when a person threatens another person of causing harm to him or another person and tells him to deliver anything valuable is extortion.
For example, when Rohit tells Shweta to give him 2 lakhs or he will expose her private photographs, or Shweta threatens Rohit to transfer ownership of a land or she may harm his child, both acts are extortion.
“(2) Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.”
Comment: The punishment for extortion under Bharatiya Nyaya Sanhita is imprisonment for a maximum period of 7 years, with or without fine, or only fine. Here, the discretionary power of the Judge deciding the extortion case is wider, who may pass a sentence of meagre amount of fine, or a huge fine with nothing less than 7 years of imprisonment.
“(3)Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Comment: Putting or attempting to put another person in fear of injury while committing extortion is also a punishable act. The said person is punishable with maximum imprisonment of 2 years, or fine, or both imprisonment and fine.
“(4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
Comment: While committing extortion, when the extent of injury threatened of or attempted of goes to death or grievous hurt, the punishment also goes severe. In such a case, imprisonment imposed is maximum of 7 years, with fine.
“(5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Comment: When extortion is committed and as discussed above, the extent of injury is threat to cause death or grievous hurt, the punishment is severe. It could be a maximum imprisonment of 10 years along with fine.
“(6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Comment: The injury while committing extortion is not confined to bodily injury but also false accusations. Sub-Section 6 of Section 308 complies with the fear of being accused while being extorted. The fear of accusation of offence punishable with death penalty, life imprisonment, or maximum 10 years of imprisonment, while committing extortion is punishable with imprisonment up to 10 years with fine.
“(7) Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such 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.”
Comment: Along with what is provided under Sub-Section 6 with regard to accusation, if there is an attempt to induce or abet the person to commit the said crime, the imprisonment is maximum 10 years with fine.
Ingredients of Extortion under BNS
In order to convict a person for the offence of extortion under Section 308 of the Bharatiya Nyaya Sanhita, the following ingredients should be fulfilled:
- Intentionally putting someone in fear
- Fear of injury to him/her or another person
- Dishonestly inducing the threatened person to deliver
- Any property, valuable security or anything signed or sealed
Difference between Theft and Extortion
| Aspect | Theft | Extortion |
| Consent | Taken without consent | Property delivered under threat or coercion / consent obtained through fear |
| Means Used | No force or threat used OR Taken sneakily | Involves threat of injury or serious harm |
| Possession of Property | Property taken from someone else’s possession or authority | Property handed over by the victim, whether being the owner, authorised, or person in possession |
| Use of Fear or Threat | Not involved per se | Fear or threat is the main ingredient of extortion |
| Nature of property | Only movable property | Not specified, and thus, can be movable or immovable property or valuable security |
| Example | Stealing a phone from someone’s pocket | Threatening someone to hand over the phone and other valuables or be injured severely |
Conclusion
It can be seen through the difference between theft and extortion that while there is loss of property in both, the fear of injury or otherwise is an aspect of extortion. Theft does not put a person in danger of being hurt or facing any other outcomes. It may be noted that for both theft and extortion, if any weapons are used, the nature of offence may change. Therefore, understanding the difference between robbery and dacoity is important for Students of Law and others.
