Bharatiya Nyaya Sanhita, 2023
BNS Section 308
Extortion
In one line
BNS Section 308 deals with extortion and replaces IPC 383 (now 308(1)), IPC 384 (now 308(2)), IPC 385 (now 308(3)), IPC 387 (now 308(4)), IPC 386 (now 308(5)), IPC 388 (now 308(6)), IPC 389 (now 308(7)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 308(2) | Extortion. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 308(3) | Putting or attempting to put in fear of injury, in order to commit extortion. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 308(4) | Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 308(5) | Extortion by putting a person in fear of death or grievous hurt. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 308(6) | Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion. | Imprisonment for 10 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 308(7) | Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years. | Imprisonment for 10 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 308
308. Extortion.
(1) 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. Illustrations. (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion. (e) A threatens Z by sending a message through an electronic device that “Your child is in my possession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him money. A has committed extortion.
(2) Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(7) Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What changed from the IPC
- IPC 383 → BNS 308(1): Clause (e) is newly added in the illustrations.
- IPC 384 → BNS 308(2): IPC section is included as a sub-section in BNS sans heading.
- IPC 384 → BNS 308(2): The upper limit of the imprisonment is increased from three years to seven years.
- IPC 385 → BNS 308(3): IPC section is included as a sub-section in BNS sans heading.
- IPC 385 → BNS 308(3): No other change.
- IPC 387 → BNS 308(4): IPC section is included as a sub-section in BNS sans heading.
- IPC 387 → BNS 308(4): No other change.
- IPC 386 → BNS 308(5): IPC section is included as a sub-section in BNS sans heading.
- IPC 386 → BNS 308(5): No other change.
- IPC 388 → BNS 308(6): IPC section is included as a sub-section in BNS sans heading.
- IPC 388 → BNS 308(6): Words "and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life" are removed as the section 377 IPC has been excluded altogether.
- IPC 389 → BNS 308(7): IPC section is included as a sub-section in BNS sans heading.
- IPC 389 → BNS 308(7): Words "and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life" are removed as the section 377 IPC has been excluded altogether.
Frequently asked
What was BNS Section 308 in the IPC?
BNS Section 308 (Extortion) replaces Sections 383, 384, 385, 387, 386, 388, 389 of the Indian Penal Code, 1860. IPC 383 is now BNS 308(1). IPC 384 is now BNS 308(2). IPC 385 is now BNS 308(3). IPC 387 is now BNS 308(4). IPC 386 is now BNS 308(5). IPC 388 is now BNS 308(6). IPC 389 is now BNS 308(7).
What is the punishment under BNS 308(2)?
Extortion – punishable with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 308(3)?
Putting or attempting to put in fear of injury, in order to commit extortion – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 308(4)?
Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 308(5)?
Extortion by putting a person in fear of death or grievous hurt – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 308(6)?
Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 308(7)?
Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 308 bailable?
Bailable: BNS 308(3), 308(6), 308(7). Non-bailable: BNS 308(2), 308(4), 308(5). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 303 — Theft
- BNS 304 — Snatching
- BNS 305 — Theft in a dwelling house, or means of transportation or place of worship, etc
- BNS 306 — Theft by clerk or servant of property in possession of master
- BNS 307 — Theft after preparation made for causing death, hurt or restraint in order to committing of theft
- BNS 309 — Robbery
- BNS 310 — Dacoity
- BNS 311 — Robbery, or dacoity, with attempt to cause death or grievous hurt
- BNS 312 — Attempt to commit robbery or dacoity when armed with deadly weapon
- BNS 313 — Punishment for belonging to gang of robbers, etc