IPC 388→BNS 308(7)

IPC 388 to BNS 308(7): Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc

Section 388 IPC (1860) replaced by Section 308(7) BNS (2023)

View IPC Section 388 →View BNS Section 308(7) →

IPC 388 to BNS 308(7) at a Glance

Section 388 IPC (Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc) is now Section 308(7) 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 388 to BNS 308(7)?

Section 388 IPC corresponds to Section 308(7) BNS. The limb prescribing imprisonment for life where the accusation was of an offence punishable under Section 377 IPC has been dropped. The general punishment of imprisonment of either description for up to ten years and liability to fine remains unchanged.

IPC 388 vs BNS 308(7): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section388308(7)
OffenceExtortion by threat of accusation of an offence punishable with death or imprisonment for life, etcSame
PunishmentImprisonment of either description for a term which may extend to ten years, or imprisonment for life if the accusation threatened is of an offence punishable under Section 377 IPC.Imprisonment of either description for a term which may extend to ten years.
FineThe offender is also liable to fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 388 and BNS 308(7): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 388, IPC 1860

388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.—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; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life.
BNS 2023 (in force)

Section 308(7), BNS 2023

(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. Of robbery and dacoity

Ingredients: IPC 388 vs BNS 308(7)

Under IPC 388
  1. The accused committed extortion as defined in Section 383 IPC
  2. The accused committed extortion by putting any person in fear of an accusation against that person or any other
  3. The accusation was of having committed or attempted to commit an offence punishable with death, imprisonment for life, or imprisonment for a term which may extend to ten years, or of having attempted to induce another person to commit such an offence
  4. The person was thereby dishonestly induced to deliver property or a valuable security
Under BNS 308(7)
  1. Committing extortion by putting any person in fear of an accusation of having committed or attempted to commit an offence punishable with death, imprisonment for life, or imprisonment for up to ten years
  2. Putting any person in fear of an accusation of having attempted to induce any other person to commit such an offence, under Section 308(7) BNS

What IPC 388 to BNS 308(7) Means for Pending Cases

For Section 388 IPC (now Section 308(7) BNS): under Section 308(7) BNS, the special life imprisonment limb for accusations relating to unnatural offences is omitted. A charge for an act done after the BNS came into force cites Section 308(7) BNS and carries imprisonment extending to ten years and liability to fine.

FAQs: IPC 388 to BNS 308(7)

What changed from Section 388 IPC to Section 308(7) BNS?▼

The limb providing imprisonment for life for an accusation of an offence under Section 377 IPC has been omitted. Under Section 308(7) BNS, the offence is punishable with imprisonment of either description for up to ten years and liability to fine.

Where does Section 388 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 388 IPC sits in Section 308(7) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 388 IPC or Section 308(7) BNS apply to an act done before 1 July 2024?▼

Section 388 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 388 IPC. Section 308(7) 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 ·