IPC 386→BNS 308(5)

IPC 386 to BNS 308(5): Extortion by putting a person in fear of death or grievous hurt

Section 386 IPC (1860) replaced by Section 308(5) BNS (2023)

View IPC Section 386 →View BNS Section 308(5) →

IPC 386 to BNS 308(5) at a Glance

Section 386 IPC (Extortion by putting a person in fear of death or grievous hurt) is now Section 308(5) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 386 to BNS 308(5)?

Section 386 IPC corresponds to Section 308(5) BNS. The offence, the maximum term of imprisonment of up to ten years, and the liability to fine remain unchanged in substance.

IPC 386 vs BNS 308(5): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section386308(5)
OffenceExtortion by putting a person in fear of death or grievous hurtSame
PunishmentImprisonment of either description for a term which may extend to ten years.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 386 and BNS 308(5): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 386, IPC 1860

386. Extortion by putting a person in fear of death or grievous hurt.—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.
BNS 2023 (in force)

Section 308(5), BNS 2023

(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.

Ingredients: IPC 386 vs BNS 308(5)

Under IPC 386
  1. The accused committed extortion as defined in Section 383 IPC
  2. The accused committed extortion by putting any person in fear of death or of grievous hurt to that person or to any other
  3. The fear of death or grievous hurt 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
Under BNS 308(5)
  1. Committing extortion by putting any person in fear of death or of grievous hurt to that person or to any other
  2. Punishment with imprisonment of either description for a term extending to ten years and liability to fine under Section 308(5) BNS

What IPC 386 to BNS 308(5) Means for Pending Cases

For Section 386 IPC (now Section 308(5) BNS): under Section 308(5) BNS, the offence and punishment remain unchanged. A charge for an act done after the BNS came into force cites Section 308(5) BNS and is framed on the same elements as before.

FAQs: IPC 386 to BNS 308(5)

What changed from Section 386 IPC to Section 308(5) BNS?▼

The legal substance remains unchanged. Section 308(5) BNS repeats the elements and punishment of Section 386 IPC, providing imprisonment of either description for up to ten years and liability to fine.

Where does Section 386 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 386 IPC sits in Section 308(5) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 386 IPC or Section 308(5) BNS apply to an act done before 1 July 2024?▼

Section 386 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 386 IPC. Section 308(5) 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 ·