Bangladeshi Penal Code Section 387 deals with the offense of putting a person in fear of death or grievous hurt in order to commit extortion. This section is intended to penalize acts where someone threatens another with severe harm to extract money or other benefits.
Defense against a charge under Section 387 PC may involve:
- Lack of Intention: Demonstrating that there was no intent to cause fear or to commit extortion. The prosecution must prove the intent to cause fear of death or grievous hurt.
- False Allegations: Providing evidence that the charges are baseless or have been falsely made, often due to personal vendettas or ulterior motives.
- Absence of Threat: Showing that no threat of death or grievous hurt was made. If the accused can prove that their actions or words were not intended to cause fear, this can be a valid defense.
- Mistaken Identity: Proving that the accused was not present at the scene of the alleged crime or was wrongly identified as the perpetrator.
- Consent: In some cases, it may be argued that the alleged victim consented to the actions, although this is rare and complex in extortion cases.
Each defense strategy depends on the specific facts and circumstances of the case, and legal advice from a qualified lawyer is essential for constructing a robust defense.