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Legal Provision for Extortion
SECTION 383 OF PENAL CODE

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1.Section 385 –  Putting fear of injury

2.Section 386 –  Putting fear of death and Grievous Hurt

3.Section 387 – Attempt in Putting fear of death and Grievous Hurt

4.Section 388 – Extortion by threat of accusation of an offence punishable with death or imprisonment

5.Section 389 – Putting fear of accusation of offence

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SECTION 385 OF THE PENAL  CODE          

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SECTION 385 OF THE PENAL  CODE          

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PUTTING PERSON IN FEAR OF INJURY IN ORDER TO COMMIT EXTORTION

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Putting fear of death and  Grievous Hurt

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Attempt in Putting fear of death and Grievous Hurt

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Extortion by threat of accusation of an offence punishable with death or imprisonment

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1.ALIFAH THREATENS TO PUBLISH A DEFAMATORY LIBEL CONCERNING FARISH, UNLESS FARISH GIVES HIM MONEY. ALIFAH THUS INDUCES ALIFAH TO GIVE HIM MONEY.
ALIFAH LIABLE FOR EXTORTION

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Putting fear of accusation of offence

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THE PUNISHMENT IS GENERAL WHEN THE ACCUSED WILL BE LIABLE TO IMPRISONMENT MAXIMUM 10 YEARS OF FINE IR WHIPPING OR BOTH.

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EXTORTION

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

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FEAR OF INJURY ->      REAL THREAT       

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FEAR OF INJURY ->      REAL THREAT       

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1) OBJECTIVE TEST
2) SUBJECTIVE TEST

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EXPRESSED AND IMPLIED TERMS

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1. Beh Tuck Seng v R

2. Tan Cheng Kooi v PP

3. Lee Cho Pet

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1. The defendant kidnapped the Farish's daughter and asked for ransom money without knowing his daughter has already been raped and killed, Farish paid the ransom money but his daughter was dead.
In this situation, he cannot liable for extortion .

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2. The claimant rent a house with the appellant. The appellant said that he wanted to collect the rent + rate. The appellant said everyone that rent with me already joined me and follow my rules. The claimant is a tenant at the appellant house, he feels scared and he also took this as a threat and
feared that if he did not pay he would be beaten. So he paid a sum of money.
In this situation, it is clear that the complainant was put in fear and that he was induced to hand over the money.

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3.The complainant, Mr Farish is a trader had just returned from Vietnam when he departed to Malaysia. He exceeding the trade limit and he has no proper license. One of the officer post threat to him if he gives him RM500 nothing will happen to him, but if he failed to pay, he will be arrested.

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What Is Extortion?

Is it extortion to charge $4 a gallon for gasoline? It may seem that way, but no. Asking a certain amount of money in exchange for a service does not meet the legal definition of extortion. In order for extortion to occur, there must be a threat of harm that will come to someone if they do not provide some payment or service. As we will see, the meaning of extortion can differ from place to place, and there are areas where its definition and application is in dispute.

According to U.S. law, extortion is the act of trying to get money, goods, property, or anything of value from another person by threatening or using violence, fear, humiliation, or any other unlawful threat. Each state has its own individual definition; some states have stricter definitions, while others are more lenient, but they usually require that the act of extortion is done by threat to inflict bodily harm, accuse someone of a crime, expose a secret that would harm someone's image, take or withhold action as an official, refuse to testify or cooperate in an investigation, start a boycott or strike, or harm the person who money is demanded from in a way that does not benefit that individual. Common types of extortion include blackmail, protection schemes, and certain types of hacking.

Extortion is not a black and white action, and many state laws differ on key aspects of an act of extortion. For example, is a frivolous lawsuit a form of extortion? The person filing such baseless charges is looking for their target to settle and pay them off, but according to the 10th Circuit Court of Appeals, this is not extortion because the actor is using civil forums to file their grievance. In other cases, a manager of a store may press charges against someone they genuinely believe stole from them and can be found guilty of extortion if the charge was in error. Extortion usually involves a demand for something with the threat that, if that demand is not met, physical harm or public shame will be inflicted.

Examples of Extortion

There are many prominent cases of extortion. One example is the classic mafia protection scheme. Gangsters come into a business and ask to be paid for protection so that violence won't happen to that business. This scheme is the most obvious threat of violence to extort money or goods, and the actions threatened are clearly illegal.

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meaning & examples - video & lesson transcript | study.com

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What is Extortion? - Definition, Meaning & Examples - Video & Lesson Transcript | Study.com

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Is it extortion to charge $4 a gallon for gasoline? It may seem that way, but no. Asking a certain amount of money in exchange for a service does not meet the legal definition of extortion. In order for extortion to occur, there must be a threat of harm that will come to someone if they do not provide some payment or service.

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What is EXTORTION? What does EXTORTION mean? EXTORTION meaning, definition & explanation

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Extortion can be found in all countries. Extortion is the common predicament that people always facing. Extortion is notoriously and difficult to deal with this problem. Extortion is unbelievable, Extortion makes individuals who have to cope with the terror of entrapment and the fear of exposure, for a wider society that has to deal with a human. Why? Because the fear of injury makes them stay silent and not doing anything.
People don't need to feel scared, they must fight it and make sure they don't feel scared anymore. Those that commit extortion will be given a heavy penalty. This issue might lead to a low powered incentive. It could help to decrease the large risk of inducing abuse and extortion. The government should take this matter seriously and prevent it. In the government sector or scope must be honest in their job. If they not being honest to the government, it will affect the government and it will reflect a bad impression on society. The government should focus on this issue regarding the being restrictions on penalties for those that commit extortion and that will constrain the government more tightly and it may be optimal for the government to tolerate in extortion issues.

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In the nutshell, it is easy for us to understand what is extortion in terms of elements, definition and example. People always get confused with robbery ,dacoity and extortion. Extortion is a crime related to third parties to obtain benefits from them. In the penal code already mention the Extortion, people should be aware of this, once you commit the extortion, you will be punished with the heavy penalties. Even though the penal code already stated about extortion but people make this issue very simple until they could violate in the large community. The government should take this matter seriously and helps those being extortion

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NURUL YUSRINA BINTI MOHD YUSOF |012018070499|

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NURUL YUSRINA BINTI MOHD YUSOF |012018070499|