IPC 383 Is Now BNS 308(1): Extortion Definition

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	383	308(1)
Offence	Extortion	Same
Punishment	None. Section 383 IPC defines extortion and prescribes no term of imprisonment. Extortion is punished under Section 384 IPC with imprisonment of either description for a term which may extend to three years. Section 385 to Section 389 IPC punish aggravated forms and acts done in order to commit extortion.	None under Section 308(1) BNS, which defines extortion. Extortion is punished under Section 308(2) BNS with imprisonment of either description for a term which may extend to seven years. Sections 308(3) to 308(7) BNS punish aggravated forms and acts done in order to commit extortion.
Fine	None under Section 383 IPC. Fine is provided under the punishing sections, beginning with Section 384 IPC.	None under Section 308(1) BNS. Fine is provided under the punishing sub-sections, beginning with Section 308(2) BNS.
Bail	Non-Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same

IPC 383 and BNS 308(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 383, IPC 1860

383. Extortion.—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.

BNS 2023 (in force)

Section 308(1), BNS 2023

(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.

Ingredients: IPC 383 vs BNS 308(1)

Under IPC 383

The accused intentionally put a person in fear of injury to that person or to any other
The accused thereby dishonestly induced the person so put in fear to deliver property, a valuable security, or anything signed or sealed which may be converted into a valuable security
The delivery of the property or security was made to any person pursuant to that fear

Under BNS 308(1)

Intentionally putting any person in fear of injury to that person or to any other
Dishonestly inducing 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, under Section 308(1) BNS

What IPC 383 to BNS 308(1) Means for Pending Cases

For Section 383 IPC (now Section 308(1) BNS): under Section 308(1) BNS, the definition of extortion remains unchanged with the addition of an illustration covering electronic threats. A charge for an act done after the BNS came into force cites Section 308(1) BNS and is framed on the same elements as before.

FAQs: IPC 383 to BNS 308(1)

What changed from Section 383 IPC to Section 308(1) BNS?▼

The definition of extortion is unchanged in substance. Section 308(1) BNS adds a fifth illustration covering an extortionate threat transmitted through an electronic device.

Where does Section 383 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 383 IPC sits in Section 308(1) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 383 IPC or Section 308(1) BNS apply to an act done before 1 July 2024?▼

Section 383 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 383 IPC. Section 308(1) BNS governs acts done on or after 1 July 2024.

IPC 383 to BNS 308(1): Extortion

IPC 383 to BNS 308(1) at a Glance

What Changed From IPC 383 to BNS 308(1)?

IPC 383 vs BNS 308(1): Comparison Table

IPC 383 and BNS 308(1): Bare Act Text Side by Side

Ingredients: IPC 383 vs BNS 308(1)

What IPC 383 to BNS 308(1) Means for Pending Cases

FAQs: IPC 383 to BNS 308(1)