Subject

Extortion

Robbery

Relevant Section

Sec. 308, BNS

Sec. 309, BNS

Ingredient

→ Intentionally putting a person in fear of Injury.

→The fear may be of future harm.

→Dishonest Intention.

→Inducing the person to deliver property.

→Delivery is made by the victim.

→There must be theft or extortion.

→Use of force, violence or fear.

→Fear must be immediate.

→Victim must be present.

→Property is taken instantly.

→Dishonest Intention.

Nature

Simple offence

Aggravated offence

Fear

Fear of Injury

Immediate fear of Violence

Consent

Consent obtained by fear

No real Consent

Timing of Fear

May be future

Must be immediate

Presence

Not Necessary

Victim must be Present

Force

Not Necessary

Force or threat essential

Delivery

Victim Delivers property

Property taken forcibly

Mode

Indirect

Direct & Violent

Threat Type

Can be future harm

Instant harm

Gravity

Less Serious

More Serious

Example

"Pay otherwise I'll harm you later".

"Give money now otherwise I am killing you"

Weapon

Not required

Often used

Injury

No Injury needed

Injury Possible

Legal form

Independent offence

Aggravated form

Conversion

May become robbery

Already aggravated

Reference Case

R. V. Hickman

→ Fear can be of future Injury in Extortion

Shiv Kumar v. State

→ Immediate threat + Presence = Robbery.

State of Maharashtra v. Joseph Mingel Koli

→ Robbery involving Violence treated more serious.