Supreme Court: Actual Delivery of Property Not Needed for Offence u/s 387 of IPC

Supreme Court: Actual Delivery of Property Not Needed for Offence u/s 387 of IPC

The Supreme Court has clarified that actual delivery of property is not necessary for an offence under Section 387 IPC.

Justice Sanjay Karol and Justice Manoj Misra held that this section penalises the act of instilling fear of death or grievous hurt to commit extortion, even if no property is handed over.

The court distinguished Section 387 from Section 383, emphasizing it covers the preparatory stage of extortion, not its completion.

As a result, the Allahabad High Court's quashing of proceedings was overturned, and the case has been restored for trial, reinforcing that threats alone are sufficient to sustain charges under this provision. (M/s Balaji Traders v. State of U.P.)

Read Judgement / 3 months ago

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