What is IPC Section 387?
IPC Section 387 deals with putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. The threat may concern the person threatened or another person.
The provision treats theft by an employee against the employer as a specific offence because of the employment relationship and the position in which the property is held.
Example of IPC Section 387
For example, if a person threatens another with death or grievous hurt to pressure them into delivering property, the facts may attract Section 387 if the statutory ingredients are proved.
Important Update: IPC to BNS Transition
The Indian Penal Code was repealed from 1 July 2024. For conduct governed by the new criminal laws from that date, the corresponding provision is BNS Section 308(4). The wording and punishment of BNS Section 308(4) substantially carry forward the offence.
Legal Provision – Text of Section 387 IPC
Section 387 focuses on the connection between the threat of death or grievous hurt and the intended commission of extortion.
Punishment Under IPC Section 387
IPC Section 387 prescribed imprisonment of either description for a term which may extend to seven years, and fine.
| Provision | Legal Position |
|---|---|
| IPC Section 387 | Putting person in fear of death or grievous hurt in order to commit extortion |
| Punishment | Imprisonment up to 7 years and fine |
| Classification* | Cognizable and non-bailable |
| Trial* | Any Magistrate |
| BNS equivalent | Section 308(4): putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion |
*Important: These classification details relate to the offence under the IPC framework. The IPC was repealed from 1 July 2024, subject to the applicable saving and transition provisions.
Key Ingredients / Essential Elements of IPC Section 387
Threat of death or grievous hurt
The accused must put or attempt to put a person in fear of death or grievous hurt.
Commission of theft
The conduct must satisfy the legal ingredients of theft, including dishonest intention and taking property without the required consent.
Property in master's or employer's possession
The stolen property must be in the possession of the master or employer.
Dishonest intention
The prosecution must establish the dishonest intention required for theft on the facts of the case.
Evidence connecting the accused with the taking
Relevant evidence may include records, CCTV footage, witness statements, electronic evidence, recovery and other admissible material.
Complainant / Accused in an IPC Section 387 Case
If You Are the Employer / Complainant
- Record the missing property and its value.
- Preserve CCTV footage, accounts, inventory records and other evidence.
- Identify witnesses and document when the property was last seen.
- Report the matter to the police and obtain appropriate legal guidance.
If You Are Accused
- Seek legal representation promptly.
- Review whether the property was actually in the possession of the master or employer.
- Examine consent, authority, ownership claims and dishonest intention.
- Preserve employment records, messages and other evidence relevant to the allegations.
Why Employment Status and Possession Matter
Section 387 is not attracted merely because an employee is accused of taking property. The prosecution must establish the statutory ingredients, including the person's capacity as a clerk or servant, the theft, and possession of the property by the master or employer.
Complaint & Process in an IPC Section 387 Case
Report the Alleged Theft
The employer or other complainant can report the alleged theft to the police with details of the property, circumstances and available evidence.
Investigation
The investigating agency may collect statements, CCTV footage, account records, electronic evidence, recovery material and other relevant evidence.
Examine the Ingredients
The facts are examined to determine whether the accused was employed in the required capacity and whether the alleged conduct amounts to theft of property in the master's or employer's possession.
Court Proceedings
If the evidence supports the offence, the matter proceeds according to the applicable criminal procedure and the court considers the evidence and legal ingredients.
Important Principles on IPC Section 387
The Employee's Capacity Matters
Section 387 specifically covers a person who is a clerk, servant, or employed in that capacity. The prosecution must establish the required threat and its connection with the intended extortion.
Property Must Be in the Master's or Employer's Possession
The section applies to theft concerning property in the possession of the master or employer. Possession and control of the property are therefore important factual issues.
IPC 387 and BNS 308(4)
BNS Section 308(4) carries the corresponding offence into the new law. The punishment remains up to seven years and fine.