IPC 385→BNS 308(3)

IPC 385 to BNS 308(3): Putting person in fear of injury in order to commit extortion

Section 385 IPC (1860) replaced by Section 308(3) BNS (2023)

View IPC Section 385 →View BNS Section 308(3) →

IPC 385 to BNS 308(3) at a Glance

Section 385 IPC (Putting person in fear of injury in order to commit extortion) is now Section 308(3) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 385 to BNS 308(3)?

Section 385 IPC corresponds to Section 308(3) BNS. The definition of the offence, the two-year maximum term of imprisonment, and the fine provision remain unchanged in substance.

IPC 385 vs BNS 308(3): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section385308(3)
OffencePutting person in fear of injury in order to commit extortionSame
PunishmentImprisonment of either description for a term which may extend to two years.Same
FineThe court may impose a fine alone or in addition to imprisonment.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 385 and BNS 308(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 385, IPC 1860

385. Putting person in fear of injury in order to commit extortion.—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.
BNS 2023 (in force)

Section 308(3), BNS 2023

(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.

Ingredients: IPC 385 vs BNS 308(3)

Under IPC 385
  1. The accused put any person in fear, or attempted to put any person in fear, of any injury
  2. The accused acted in order to the committing of extortion
Under BNS 308(3)
  1. Putting any person in fear, or attempting to put any person in fear, of any injury
  2. Acting in order to the committing of extortion, punishable under Section 308(3) BNS

What IPC 385 to BNS 308(3) Means for Pending Cases

For Section 385 IPC (now Section 308(3) BNS): under Section 308(3) BNS, the offence and punishment remain unchanged. A charge for an act done after the BNS came into force cites Section 308(3) BNS and is framed on the same elements as before.

FAQs: IPC 385 to BNS 308(3)

What changed from Section 385 IPC to Section 308(3) BNS?▼

The legal substance remains unchanged. Section 308(3) BNS retains the offence of putting or attempting to put a person in fear of injury to commit extortion, and the punishment remains imprisonment for up to two years, or with fine, or with both.

Where does Section 385 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 385 IPC sits in Section 308(3) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 385 IPC or Section 308(3) BNS apply to an act done before 1 July 2024?▼

Section 385 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 385 IPC. Section 308(3) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·