Basis

Theft

Extortion

Section

Sec 303, BNS defines theft.

Sec 308, BNS defines extortion.

Definition

Dishonestly taking movable property out of another's possession without consent.

Dishonestly inducing a person to deliver property by putting that person in fear of injury.

Essence of the offence

Dishonest taking of property.

Fear of injury and dishonest inducement.

Consent

No consent of the owner.

Consent exists but is obtained by fear or coercion.

Nature of Consent

Completely absent.

Obtained through intimidation; therefore, not free consent.

Mode of Commission

Property is secretly or openly removed.

Property is obtained through threats or intimidation.

Force or Threat

Not necessary

Essential ingredient

Fear of injury

Not required

Mandatory requirement

Property involved

Only movable property

Property, valuable security, or anything capable of being converted into a valuable security.

Possession

Property is taken from another's possession.

The victim voluntarily delivers possession due to fear.

Delivery of property

No delivery by the owner.

Delivery is made by the victim because of fear.

Movement of Property

Dishonest movement of the property completes the offence.

Delivery of property under fear completes the offence.

Presence of Victim

Victim may be absent.

Victim is generally present because fear must be communicated.

Mental element

Dishonest intention to take property.

Dishonest intention + intention to create fear.

Use of violence

Violence is not necessary.

Threat of injury is essential, actual violence is not always required.

Nature of Offence

Offence against possession of property.

Offence against both property and personal liberty.

Attempt

Attempt occurs when the dishonest movement begins but is not completed.

Attempt occurs when threats are made to obtain property, even if delivery does not occur.

Conversion into robbery

Theft becomes robbery if violence is used while committing or carrying away the property.

Extortion becomes robbery when the offender is present and induces immediate delivery by fear of instant death, hurt or wrongful restraint.

Example

Stealing a laptop from an office without permission.

Threatening to reveal confidential information unless money is paid.