Pakistan Penal Code 1860 · Chapter XVII

PPC Section 389: Putting person in fear of accusation of offence, in order to commit extortion

Section 389 PPC punishes putting, or attempting to put, a person in fear of an accusation of a serious offence in order to commit extortion. It is the threat-stage counterpart of Section 388.

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Text of Section 389 PPC

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punishable with death or with imprisonment for life, or imprisonment for a term which may extend to ten years, 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 389 PPC

Putting or attempting to put a person in fear of an accusation
Of a serious offence of the kind described in the section
In order to commit extortion

Punishment under Section 389 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 389 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 389 PPC

Does Section 389 PPC require that money was paid?

No. It punishes the threat made for the purpose of extortion, whether or not property is delivered.

How is Section 389 different from Section 388 PPC?

Section 388 covers completed extortion through such a threat; Section 389 covers the threat or attempt itself.

Is Section 389 PPC bailable?

Under Schedule II of the Code of Criminal Procedure 1898, an offence under Section 389 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

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