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Matric ID : 012018021327

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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.

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Section 383 of the Penal Code states that 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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a) Intentionally putting any person in fear of any injury to him or herself or any other person;
b) The accused induces the person to deliver to another any property or valuable security.

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Tan Cheng Kooi v Public Prosecutor [1972] 2 MLJ 115

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Tan Cheng Kooi v Public Prosecutor [1972] 2 MLJ 115

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The appellants had mooted the idea of forming a partnership to

produce pornographic films.   When the complainant decided   not to participate, one of the appellants demanded some money for travelling expenses. The appellant did not appear happy in making the demand and said that he would not   befriend the complainant anymore.The complainant allegedly became frightened as he took the appellant’s words to mean a threat.

The court held that as long as the injury came within the scope of Section 44 of the Penal Code, the threat can be implied one in order for the offence of extortion to be made out.

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Public Prosecutor v Sang Kiew Chong [1968] 2 MLJ 369

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Public Prosecutor v Sang Kiew Chong [1968] 2 MLJ 369

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The accused, a police constable, was charged with attempted extortion by putting a courting couple in fear of injury, and induced them to pay him RM 50. He threatened to bring the couple to the police station if he is not paid.

It was held that the accused was guilty for extortion as there was an abuse of the exercise of the power, therefore it is illegal.

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Danial is a sales rep at NPC Marketing and he realizes that the corporate president, Taufiq, is having an affair with Danial's secretary. Despite the fact that he has been at the organization for a long time, Danial has been not able to ascend any higher than his present position, and he is jealous of the more significant compensation and advantages offered to the locale supervisors. Danial had put a note in Taufiq's vehicle, revealing that he will disclose to Taufiq's significant other about the issue unless if he elevates Danial to a higher situation within a timeframe. Gavin has committed extortion.

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Extortion comprises of getting property from another person through the illegitimate utilization of real or undermined power, savagery or dread. Such coercive extortion is interchangeable with the term blackmail. It is a crime that amounts to the threat of a future harm, thus it effects the victim continuously. Unlike the crime of robbery, the threat usually comes in an immediate physical harm towards the victim. On the other hand, extortion surrounds a variety of threats that relates to future harm.

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The offence of extortion covers a wide scope of actions. Coercion isn't just dedicated by criminals utilizing firearms to gather obligations, however it might be submitted by taking steps to report a worker's wrongdoing to their boss, or an individual's setback towards the company. Dangers need not themselves be unlawful to help a conviction for extortion. Extortion can be submitted by compromising legitimate, although unreasonable, joined with an interest. In any case, the weight is on the victim to prove, past a sensible uncertainty, that the danger was unreasonable in the circumstances. Therefore, when the accused is demanding the victim to comply with a legitimate legal duty, only unreasonable threats will attract criminal liability.