Basis

Theft

Extortion

Definition

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'.

Whoever, intentionally puts any person in fear of any injury to that person or to any other person, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed which may be converted into a valuable security, commits extortion.

Relevant Section

303, BNS

308, BNS

Nature of Consent

No consent at all.

Consent, obtained, but by coercion or by fear.

Use of Force

No force or fear required.

Fear or threat is essential.

Possession

Property taken without owner's knowledge.

Property, delivered by victim due to fear.

Mode of taking

Direct physical taking

Indirect - Victim gives property.

Victim's Role

Passive (Not aware or not consenting)

Active (Gives property due to fear)

Type of Property

Only Moveable property

Moveable or valuable security.

Presence of victim

Not Necessary

Usually, victim is present

Mental element

Dishonest intention to take

Intention + Fear + inducement

Example

Stealing a phone from bag

Threatening someone to transfer money

Punishment

Imprisonment or fine or both

Generally, more severe if threat is serious

Delivery of Property

Without victim's involvement

With victim's involvement

Threat element

Not required

Essential Element

Location of Property

must be moveable & taken

Can be any deliverable property

key ingredient

Taking

Inducing Delivery

Act Completion

When property is moved

When property is delivered

Possession Change

Without consent

With coerced consent

Reference Case

Pyarelal Bhargava v. State of Rajasthan

R.S. Nayak v. A.R. Antulay.