Fake CBI Officer- AAP MLA Naresh Balyan extorted- Complaint filed- FIR lodged: Ravi Drall Advocate, Criminal Lawyer
The case of trying to cheat the MLA Naresh Balyan of Uttam Nagar Assembly constituency by becoming a fake CBI officer has come to light. Fake CBI officer Bankar Badmasho tried to get one crore rupees from the MLA. On the complaint of the MLA, the accused have been arrested by the police. Naresh Balyan had reported the case to the Deputy Commissioner of Police. The MLA said in the complaint that a few days ago two youths came to his office. A young man named Deepak called himself a CBI inspector and asked the MLA to file a disproportionate assets case against him.
The accused told them that if you want to solve the case, then you have to pay one crore. Later the accused reduced the amount sought to one million. Meanwhile, the MLA made the police aware of the case. On November 5, when the accused legislators reached the office, the police nabbed them. During the investigation, fake CBI identity cards were found from the accused. Accused Deepak studying cyber security.
Accused Deepak told that he is a resident of Ahmednagar Maharashtra and is studying Cyber Security by staying in PG in Laxmi Nagar, Delhi. While Sonu lives in Palam Colony and is studying MA from DU. During interrogation, the police came to know from the accused that the two are long-time friends. The police is busy interrogating the accused to find out if there is any gang to extort them. Police investigation is going on.
Under the Indian penal code, the term extortion has been defined explicitly and how it is constituted. Section 383 of the indian penal code states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuade him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned in a valuable security. Punishment regarding extortion is enshrined under section Section 384 of the Indian penal code.
Essentials of extortion
- An act which causes imminent threat and injury to a person.
- The act must be done intentionally and deceitfully.
- Such a person tends to cause injury to another person in which he seeks interest.
- An unreasonable force should be shown through which a person seeks to take the property or any other valuable goods of another person or any document.
- So it can be concluded if a person commits an offence which includes the all the following points as mentioned above then the offence committed is known as extortion.
- Intention plays an important role. The gravity of such dishonest intention upon the facts and circumstances of a case. For example, if A takes any valuable stuff from B at point of a gun, then a is an offence of extortion
If A who kidnapped B’s child Z, demands a sum of 10,00,000 Rs. from B. all the efforts made by B in order to know whereabouts of his child turned out to be futile. B with all the failed attempts pay the prescribed amount to A. A has committed the offence of extortion.
Queen v. Nathalirc Mirad, [(1844) 7 WR Cr 28]
In the instant case, bishop was threatened in order to expose his illegitimate relation with a woman. This act was considered as an offfence of extortion
In the instant case, a boy and a girl was compelled by the accused to take off their clothes. While they were naked several photographs were taken by him. Later these photos were used by the accused in order to extort money from them. This act was considered to be an offence of extortion.
Punishment regarding the offence of extortion (section 384 of IPC)
Under section 384 of the Indian penal code punishment or extortion has been prescribed. A person committing such offence shall be punished with the imprisonment of 3 years or with fine or both.
Putting a person in a place while committing extortion where there is a sense of fear in him that he might get injured
Section 385 of the Indian penal code states that a person while committing the offence of extortion shall be punished with the imprisonment of 2 years or fine or both if he while committing such crime puts another person in fear of injury.
Punishment for extortion committed through putting a person in fear of imminent threat to his life or severe hurt.
Under section 386 of the Indian penal code if any person commits an offence of extortion while putting a person in a sense of fear of imminent threat to his life which amounts to death or severe hurt to his body shall be held liable for rigorous imprisonment of 10 years or fine.
Punishment for putting a person in fear of death or severe hurt with the sole purpose of committing extortion
Under section 387 of the Indian penal code, it has been stated that when a person with the sole purpose of committing extortion puts or attempts to put another person in a position when there is a sense of fear of death or severe hurt to his body shall be punished for imprisonment which may extend to 7 years and is also liable to fine.
When a person commits extortion by threat of accusation of an offence punishable with death or imprisonment of life, etc.
When a person commits an offence of extortion by threatening to accuse or attempts to accuse another person of an offence which is punishable with death or with life imprisonment or with the rigorous imprisonment which may extend to ten years or if the person attempted to persuade any other person to commit such offence shall be punished with the imprisonment of 10 years and is also liable to pay fine and if the offence is of such nature which is punishable under section 377 of Indian penal code may be punished with life imprisonment.
Advocate Ravi Drall has represented clients in cases related to Anticipatory, regular Bails, Acquittal, Revisions, Appeals, Writs, PIL’s in cases of MCOCA, Cheating, Fraud, Murder, Attempt to murder, Extortion, Dacoity, Sexual Offences, Suicide, Narcotic and Drugs, Revenue and Customs Criminal Cases, Economic Offences, Arms and Weapons, Matrimonial, Domestic Violence, Constitutional Law, Negligence, and have availed favourable decisions from the courts. It is always advisable to seek for the best professional legal advise in case of criminal law as it involves intricate complexities and a small fact lead to an acquittal.