Pakistan Penal Code 1860
1. Introduction:
Section 378, 379, 383 & 384 PPC explains fully the definitions and
punishments of Theft and Extortion. The offence of theft and
extortion are offences against property. Both offences are
different from each other. Theft is the offence which is committed
without the consent of the owner or possessor, while Extortion is
the offence carried out by overpowering the will of the owner.
2. Relevant Provisions:
Following are the Relevant Provisions of Pakistan Penal Code 1860
of concerned topics;
➢ Section 378 and 379 for Theft
➢ Section 383 and 384 for Extortion
3. Theft under Section 378 PPC:
Whoever, intending to take dishonestly any moveable 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.
I. Ingredients of Theft:
In order to constitute theft, following factors are essentials;
• Dishonest intention to take property.
• Property must be moveable.
• Property must be in possession of another person.
• There must be removal or moving of that property.
• Without consent of the owner or possessor.
4. Punishment for Theft under Section 379 PPC:
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.
5. Extortion under Section 383 PPC:
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".
➢ Illustration:
‘A’ threatens ‘Z’ that he will keep ‘Z's’ child in wrongful
confinement, unless ‘Z’ gives him certain amount of money.
‘A’ has committed extortion.
(I) Ingredients of Extortion:
Following are the ingredients of extortion;
i. Fear of Injury
There must be intentionally putting a person in
fear of injury to himself or another. Injury implies
illegal harm, and it maybe any kind.
ii. Dishonest Inducement:
The element of dishonestly is the essence of the
offence of extortion. There can be no extortion
unless a person is by threat of injury dishonestly
induces to deliver to any person any property or
valuable security, or anything signed or sealed
which may be converted into valuable security.
✓ Illustration;
A, by putting Z in fear of grievous hurt,
dishonestly induces Z to sign or affix his seal to a
blank paper and deliver it to A. Z signs and
delivers the paper to A. Here, as the paper so
signed may be converted into a valuable security,
A has committed extortion.
6. Punishment for Extortion U/S 384 PPC:
Whoever, commits extortion shall be punished with imprisonment
of either description for a term which may extend to three years,
or with fine, or with both.
7. Difference Between Theft and Extortion:
(I) As to Consent:
➢ In theft, the offender’s intention is to take the property
without the owner’s possession.
➢ In extortion, consent is obtained by putting the person in
fear of injury to himself or to another person to take the
property.
(II) As to Property:
➢ Theft is limited to moveable property.
➢ In extortion, both moveable and immoveable property may
be the subject of the offence.
(III) As to Element of Force:
➢ There is no element of force in Theft.
➢ There is element of force in the offence of extortion as the
property is obtained by putting a person in fear of injury to
that person or another person.
(IV) As to Scope:
➢ Theft covers only the cases of moveable property.
➢ Extortion is wider in scope as it covers any kind of property,
valuable security or anything may be converted into valuable
security.
(V) As to Taking of Property:
➢ In theft, property must be move by a person in order to such
thing.
➢ In extortion, threat may be by one person and the property
may be received by another person.
(VI) As to Effect:
➢ In theft, there is dishonest removal of property.
➢ In extortion, the property in delivered.
8. Conclusion:
To conclude that the offence of theft and extortion are offences
against property. Extortion is the offence which occupies a middle
place between theft and robber as the element of force is present
in this offence, which is missing in the offence of theft.
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