Question
Consider the following statements regarding causing hurt or grievous hurt to extort property under Section 117 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Voluntarily causing hurt or grievous hurt to extort property requires that the offender have directly caused the hurt to the person from whom the property was extorted. Statement 2: If hurt is caused to a third person (not the property owner) for the purpose of extorting property from another person, it may still fall under Section 117. Statement 3: The hurt must be directly intended to extort property; hurt caused for other purposes does not fall under Section 117 even if property is subsequently extorted. Statement 4: Section 117 requires proof that the extorted property was obtained as a direct result of the hurt caused. Which statements are correct?
Solution
Section 117 of BNS, 2023 addresses "Hurt for extortion, etc." The section does not limit causing hurt to the property owner—hurt may be caused to a third person (relative, family member) to coerce the property owner, making Statement 2 correct. Statement 3 is correct—the mens rea (mental element) must be to extort property; the hurt must be intentionally caused for this purpose. Statement 4 is correct—there must be a causal connection between the hurt and the extortion. Statement 1 is incorrect because the section says "attempts to cause" or "puts in fear"; direct causing of hurt is not mandatory. Statements 2, 3, and 4 together accurately describe Section 117.
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