AIBE XVIII — December 2023 — Q.42 (Indian Penal Code, 1860)

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Q.42

IPC & Bharatiya Nyay Sanhita (BNS) Medium Schedule-Based

Bare Act Indian Penal Code, 1860 · Section 383, 384

X threatens to publish a defamatory libel concerning Y unless Y gives him money. Which punishment may be given to X as per the IPC?

A Imprisonment upto 2 years, or with fine or both

✓ Imprisonment upto 3 years, or with fine or both Answer

C Imprisonment upto 5 years, or with fine or both

D Imprisonment upto 7 years, or with fine or both

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Explanation & Strategy

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This scenario (illustrated in S.383) constitutes extortion — using threat to dishonestly induce delivery of property. Section 384 prescribes the punishment: up to 3 years imprisonment and/or fine.

1 Identify: threatening to publish defamatory material unless paid = extortion (Section 383 IPC).
2 Pick up IPC. Go to Section 384 — Punishment for extortion.
3 Read: 'imprisonment of either description for a term which may extend to three years, or with fine, or with both.'

The text reads: Section 384: Punishment for extortion = imprisonment up to 3 years, or fine, or both.

At a Glance

Subject IPC & Bharatiya Nyay Sanhita (BNS)

Difficulty Medium

Act Indian Penal Code, 1860

Section Section 383, 384

Answer (B) Schedule-Based

Paper AIBE XVIII — December 2023

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