Pakistan Penal Code 1860 · Chapter XVII
PPC Section 388: Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.
Section 388 PPC punishes extortion carried out by threatening to accuse a person, or someone else, of a serious offence punishable with death, life imprisonment or up to ten years. The punishment rises to life imprisonment where the threatened accusation is of an offence under Section 377.
Text of Section 388 PPC
Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.
Ingredients of the Offence under Section 388 PPC
- Extortion as defined in Section 383
- By putting a person in fear of an accusation
- The accusation concerns a serious offence of the kind described in the section
Punishment under Section 388 PPC
Imprisonment of either description for up to ten years and liability to fine; up to life imprisonment if the accusation concerns an offence under Section 377.
Is Section 388 PPC Bailable? Cr.P.C. Classification
| Cognizable or not | Non-cognizable (shall not arrest without warrant) |
|---|---|
| Warrant or summons | Warrant |
| Bailable or not | Non-bailable |
| Compoundable or not | Not compoundable |
| Triable by | Court of Session |
Source: Code of Criminal Procedure 1898, Schedule II.
FAQs on Section 388 PPC
Is threatening a false FIR to obtain money covered by Section 388 PPC?
If property is obtained by threatening to accuse someone of a serious offence of the kind listed, Section 388 can apply.
Does the accusation have to be false?
The section focuses on using the fear of an accusation to extort property; the dishonest inducement is the essence of the offence.
Is Section 388 PPC bailable?
Under Schedule II of the Code of Criminal Procedure 1898, an offence under Section 388 PPC is non-bailable, non-cognizable (shall not arrest without warrant), not compoundable, and triable by Court of Session.
Related Sections of the Pakistan Penal Code
- Section 385: Putting person in fear of injury in order to commit extortion
- Section 386: Extortion by putting a person in fear of death or grievous hurt
- Section 387: Putting person in fear of death or of grievous hurt, in order to commit extortion
- Section 389: Putting person in fear of accusation of offence, in order to commit extortion
- Section 390: Robbery
- Section 391: Dacoity
Facing a case under Section 388 PPC?
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