Difference Between Theft and Extortion
Difference Between Theft and Extortion
1. Theft (Section 378 IPC)
Definition
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to take it, is said to commit theft.
Essential Ingredients
Dishonest intention to take property.
Property must be movable.
Property taken out of possession of another.
Without that person’s consent.
There must be some movement of property.
👉 Key Point: Theft is taking property without consent.
Punishment: Sec. 379 – Imprisonment up to 3 years, or fine, or both.
Case Law:
Pyare Lal Bhargava v. State of Rajasthan (AIR 1963 SC 1094) – Taking a file from office temporarily to show another person was held to be theft (dishonest intention existed).
2. Extortion (Section 383 IPC)
Definition
Whoever intentionally puts any person in fear of injury to himself or another, and thereby dishonestly induces the person to deliver property or valuable security, commits extortion.
Essential Ingredients
Intentionally putting a person in fear of injury.
Dishonest inducement to deliver property/valuable security.
Delivery of property by the person due to such fear.
👉 Key Point: Extortion is obtaining property by consent obtained through fear.
Punishment: Sec. 384 – Imprisonment up to 3 years, or fine, or both.
Case Law:
Romesh Chandra Arora v. State (AIR 1960 SC 154) – Accused threatened to publish obscene photographs to extort money → held guilty of extortion.
3. Main Differences
| Basis | Theft (Sec. 378) | Extortion (Sec. 383) |
|---|---|---|
| Definition | Taking property without consent | Obtaining property by consent obtained through fear |
| Consent | No consent of owner | Consent is present, but obtained by threat/fear |
| Means used | Physical taking without knowledge or permission | Threat, fear of injury, coercion |
| Property | Only movable property | Movable, immovable property, or valuable security |
| Fear element | No fear involved | Consent induced by fear of injury |
| Example | A steals B’s phone secretly | A threatens to kill B unless B gives him money |
| Punishment | Sec. 379 – Up to 3 yrs + fine | Sec. 384 – Up to 3 yrs + fine |
✅ In short:
Theft = Taking without consent.
Extortion = Getting consent through threat/fear.
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