Section 385 of Indian Penal Code, 1860 – Explained!

January 27, 2019 0 Comment

Where in a criminal case a mukhtyar, with the intention of extorting money, threatened to put scandalous, indecent and irrelevant questions intended to annoy and insult the prosecution witnesses, he was held guilty under this section. Where a police officer was charged with having abetted the accused to extort money from the complaintant, it could not be held that he had done the same in his official capacity, and, therefore, necessary sanction under section 197, Code of Criminal Procedure, 1973 for his prosecution was not needed.

The offence under section 385 is cognizable, bailable and non-compoundable, and is triable by any magistrate.

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