All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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35.

A threatens to publish a defamatory article about B unless B gives him money. B gives him the money to protect his reputation. Which of the following statements is most accurate about A's liability?


Principle :

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 any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits 'extortion'.

A: A is guilty of extortion as A has put B in fear of injury to his reputation and induced B to give the money.
B: A is not guilty of extortion as money is not a property or valuable security.
C: A is not guilty of extortion as A only threatened to publish an article, which would not have caused any physical injury to B.
D: A is guilty of extortion as A has put B in fear of physical harm and induced B to give the money.
E: A is not guilty of extortion as A did not actually publish the article to get the money from B.

The answer is: A

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Explanation

The correct option is A: A is guilty of extortion as A has put B in fear of injury to his reputation and induced B to give the money.

This is because, according to the principle, extortion requires the intentional putting of any person in fear of any injury and the dishonest inducement of the person so put in fear to deliver any property or valuable security. In this case, A has intentionally put B in fear of injury to his reputation by threatening to publish a defamatory article about him. Reputation is a valuable asset that can be injured by defamation. A has also dishonestly induced B to deliver money, which is a property or valuable security, by making the threat.

Therefore, A has committed the offence of extortion under Section 383 of the Indian Penal Code, 1860.