Section 308 BNS: Extortion

Bharatiya Nyaya Sanhita, 2023

Section 308 BNS at a Glance

Section 308 BNS deals with extortion. It replaced Sections 383, 384, 385, 387, 386, 389 and 388 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 383 →

Section 308 BNS Bare Act Text

(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. Of robbery and dacoity

Source: Section 308, Bharatiya Nyaya Sanhita, 2023

Section 308 BNS in the IPC (Previous Law)

Section 308 BNS replaced Sections 383, 384, 385, 387, 386, 389 and 388 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 308 BNS

What is the basic idea behind Section 308 BNS?▼

It covers situations where a person uses fear to make someone hand over property or a valuable security. The key point is that the victim gives it because of the threat, not willingly. If there is no induced fear, this section may not apply.

Under Section 308(1) BNS, does the threat have to be physical?▼

No. The fear can relate to injury, and the pressure may be mental as well as direct. In many cases, threats to reputation, family members, or property can also support the offence if they lead to delivery of property.

Under Section 308(1) BNS, is extortion the same as cheating?▼

No, they are different offences. Cheating involves deception, while extortion involves fear and coercion. The method used by the accused is what separates the two.

Under Section 308(1) BNS, can a person be punished even if no money is actually taken?▼

For this section, there must be delivery of property or something that can be converted into a valuable security. If the threat is made but nothing is delivered, other related offences may still apply, but Section 308 BNS itself may not be complete.

What is extortion under Section 308 of the Bharatiya Nyaya Sanhita?▼

Extortion means intentionally putting a person in fear of injury and thereby dishonestly making that person deliver property, valuable security, or something signed or sealed that can be turned into a valuable security. The section also covers threats made about harm to another person. The illustrations include threats to publish defamatory material, keep a child confined, damage a field, or send threats through an electronic device.

What has to be proved for extortion under Section 308(2) BNS?▼

The text requires proof that the accused intentionally put a person in fear of injury and, because of that fear, dishonestly induced delivery of property, valuable security, or a signed or sealed document that may be converted into a valuable security. So the threat alone is not enough for extortion under sub-section (2) if there was no such dishonest delivery. The link between the fear and the delivery is central.

Is Section 308(2) BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.

What is the punishment for extortion under Section 308(2) BNS?▼

Section 308(2) BNS says 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. Other sub-sections in Section 308 prescribe different punishments for attempts or for extortion involving fear of death, grievous hurt, or certain accusations.

Under Section 308(2) BNS, is threatening someone for money on WhatsApp or phone extortion?▼

Yes, if the threat intentionally puts the person in fear of injury and dishonestly makes them hand over money or other covered property, it can fall within Section 308 BNS. The bare text itself gives an example of a threat sent through an electronic device demanding one lakh rupees for a child's safety. If you are complaining or defending yourself, save the messages, call records, payment proof, and any other direct evidence of the threat and delivery.

Is Section 308(3) BNS a serious offence?▼

It is not among the most serious BNS offences, but it is still a criminal offence involving intimidation and unlawful pressure. Courts treat the threat and its purpose seriously, especially if the victim was forced to act because of fear.

Does money have to actually change hands for Section 308(3) BNS to apply?▼

No, actual transfer is not always necessary for this provision to be relevant. If fear was created to force a person into handing over property or money, the offence can still be examined even if the act was not completed.

Is the offence under Section 308(3) BNS bailable?▼

Yes, it is generally treated as bailable. That means the accused can usually seek bail as a matter of right, subject to the facts of the case and the court's order.

How is Section 308(3) BNS different from simple threat or abuse?▼

A mere rude remark or casual abuse is not enough. The prosecution must show that fear of injury was used with a dishonest intention to obtain something from the victim.

Is actual injury necessary under Section 308(4) BNS?▼

No. The law focuses on the fear created, not on whether the victim was actually harmed. If the accused puts or attempts to put a person in fear of death or grievous hurt in order to commit extortion, the offence is made out.

Can a phone call or message attract Section 308(4) BNS?▼

Yes, if the call or message puts or attempts to put the victim in fear of death or grievous hurt in order to commit extortion. The mode of communication does not matter as much as the nature and purpose of the threat.

Is Section 308(4) BNS bailable?▼

No, it is generally treated as a non-bailable offence. Bail depends on the facts, the evidence, and the court’s discretion.

What is the difference between Section 308(4) BNS and ordinary extortion?▼

Ordinary extortion under Section 308(2) BNS requires completed delivery of property induced by fear of any injury. Section 308(4) BNS applies when a person puts or attempts to put someone in fear of death or grievous hurt in order to commit extortion, even if no property is delivered, and carries up to seven years imprisonment, and the offender is also liable to fine.

What is the main idea behind Section 308(5) BNS?▼

It applies when a person commits extortion by putting someone in fear of death or grievous hurt to make them deliver property, money, or a valuable security. The law treats this as a grave form of extortion because the threat is extreme.

Under Section 308(5) BNS, does the victim have to actually hand over money or property?▼

Yes, the prosecution has to show that the victim was induced by the fear of death or grievous hurt to deliver property, valuable security, or a signed or sealed document that may be converted into a valuable security. If there was only a threat in order to commit extortion but no delivery, Section 308(4) BNS may apply instead of Section 308(5) BNS.

Is Section 308(5) BNS bailable?▼

No, it is a non-bailable offence. Police can register and investigate it as a serious offence. Bail depends on the facts and the court’s discretion.

How is Section 308(5) BNS different from ordinary extortion?▼

The difference is in the level of threat. Section 308(5) BNS applies when extortion is committed by putting a person in fear of death or grievous hurt, which is much more serious than fear of ordinary injury under Section 308(2) BNS. That is why the maximum punishment rises to ten years imprisonment, with liability to fine.

Does Section 308(6) BNS apply only when money is actually paid?▼

No. The offence under Section 308(6) BNS is complete even if the victim does not pay, so long as the accused puts or attempts to put the person in fear of a covered serious accusation in order to commit extortion.

Can a threat to file a police complaint amount to the offence under Section 308(6) BNS?▼

Yes, if the threat is to accuse a person of having committed or attempted to commit an offence punishable with death, imprisonment for life, or imprisonment up to ten years, and is made in order to commit extortion rather than to seek lawful redress.

Is Section 308(6) BNS the same as ordinary extortion?▼

It is an offence covering acts done in order to commit extortion through a specific kind of threat. Here, the pressure comes from putting or attempting to put someone in fear of an accusation of an offence punishable with death, life imprisonment, or imprisonment up to ten years.

Under Section 308(6) BNS, what kind of evidence is usually relevant?▼

Messages, call recordings, letters, witness statements, and any demand made in exchange for silence or withdrawal of allegations can matter. The prosecution must show the threat of accusation and the purpose of extortion.

What is Section 308(7) BNS used for?▼

It covers extortion committed by putting someone in fear of an accusation of having committed or attempted to commit an offence punishable with death, imprisonment for life, or imprisonment up to ten years, or of having attempted to induce another person to commit such an offence.

Is an actual false case necessary under Section 308(7) BNS?▼

No, an actual false case is not necessary. What matters is putting the person in fear of such an accusation and dishonestly using that fear to induce delivery of property or a valuable security.

What punishment does Section 308(7) BNS carry?▼

The punishment is imprisonment of either description for up to ten years and liability to fine. The offence is cognizable and non-bailable.

How does Section 308(7) BNS apply under the current law?▼

Section 308(7) BNS is in force under the Bharatiya Nyaya Sanhita, 2023. It punishes completed extortion committed through fear of a serious criminal accusation, whereas Section 308(6) BNS punishes putting or attempting to put someone in fear of such an accusation in order to commit extortion.

Section 308 BNS: Sub-sections Explained

Section 308(1) BNS: Extortion

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Bare Act Text

(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.

Explained in Simple Words

Section 308 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with extortion. In simple terms, a person commits this offence when they intentionally put someone in fear of injury, and by doing so, make that person deliver property, valuable security, or anything that can be turned into a valuable security. The pressure may be direct or indirect, but the fear must be used to obtain something from the victim.

This section applies where the victim parts with property because of the threat, not because of free choice. The fear may relate to harm to the person, reputation, or property of the victim or someone connected with them. In practice, this section is often used in cases involving threats to reveal secrets, cause harm, or force payment.

It matters because the law treats such coercion as a serious offence, even if no physical force is used. The focus is on the wrongful pressure and the transfer of property that follows.

Key Ingredients

  • 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

Punishment

🔒 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.

💰 None under Section 308(1) BNS. Fine is provided under the punishing sub-sections, beginning with Section 308(2) BNS.

Section 308(1) BNS defines extortion without prescribing a punishment of its own. Committing extortion and related offences are punished under Sections 308(2) to 308(7) BNS.

Real-World Example

In Raipur, Ramesh intentionally threatened Suresh that he would cause grievous hurt to Suresh's brother unless Suresh signed and delivered a promissory note for fifty thousand rupees. Suresh, put in fear of injury to his brother, was dishonestly induced to sign and deliver the promissory note to Ramesh. Ramesh committed extortion as defined in Section 308(1) BNS.

When This Does Not Apply

  • No person was intentionally put in fear of injury to that person or to any other
  • The delivery of property was made voluntarily without being induced by fear of injury
  • Property, a valuable security, or a signed or sealed document capable of conversion into a valuable security was not delivered
  • The inducement was not dishonest

Previous Law

IPC 383 → Section 308(1) BNS

Section 383 IPC corresponds to Section 308(1) BNS. The statutory definition remains unchanged, and a fifth illustration is added covering a threat sent through an electronic device.

Section 308(2) BNS: Punishment for extortion

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Bare Act Text

(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.

Explained in Simple Words

Section 308(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing extortion as defined under Section 308(1) BNS. When a person intentionally puts someone in fear of any injury and thereby dishonestly induces that person to deliver any property, valuable security, or anything signed or sealed which may be converted into a valuable security, the offender is punished under this sub-section.

Under Section 308(2) BNS, 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.

Key Ingredients

  • Commission of extortion as defined in Section 308(1) BNS
  • Punishment with imprisonment of either description for a term which may extend to seven years, or with fine, or with both under Section 308(2) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to seven years.

💰 The court may impose a fine in addition to imprisonment or as an alternative to imprisonment.

Under Section 308(2) BNS, extortion is punished with imprisonment of either description for up to seven years, or with fine, or with both.

Real-World Example

In Kanpur, Ramesh approached Farhan and threatened that he would burn Farhan's mobile repair shop unless Farhan immediately handed over fifty thousand rupees. Put in fear of this injury to his property, Farhan was dishonestly induced to deliver fifty thousand rupees to Ramesh. Ramesh committed extortion and is punishable under Section 308(2) BNS.

When This Does Not Apply

  • No person was intentionally put in fear of injury
  • The delivery of property was made voluntarily and was not induced by fear of injury
  • No property, valuable security, or signed or sealed document capable of conversion into a valuable security was delivered
  • The inducement was not dishonest

Previous Law

IPC 384 → Section 308(2) BNS

Section 384 IPC corresponds to Section 308(2) BNS. The maximum term of imprisonment is increased from three years to seven years. The option of fine or both remains unchanged.

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

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Bare Act Text

(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.

Explained in Simple Words

Section 308(3) of the Bharatiya Nyaya Sanhita (BNS) deals with putting a person in fear of injury so as to commit extortion. In simple terms, it covers situations where a person is threatened or made afraid first, and that fear is used in order to make the victim part with money, property, or valuable security. The focus is on the use of fear as a tool to obtain something unlawfully.

This section applies when the accused creates or attempts to create fear of injury in order to commit extortion, even before the extortion is completed. It is often used where the threat is made to pressure the victim, even if the victim has not yet handed over anything. In practice, this section matters because it helps police and courts deal with coercive conduct at an early stage, before the demand turns into completed extortion.

Key Ingredients

  • Putting any person in fear, or attempting to put any person in fear, of any injury
  • Acting in order to the committing of extortion, punishable under Section 308(3) BNS

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to two years.

💰 The court may impose a fine alone or in addition to imprisonment.

Putting or attempting to put any person in fear of injury in order to commit extortion carries imprisonment for up to two years, or fine, or both.

Real-World Example

In Kochi, Devendra sent messages to Lakshmi threatening that he would damage her stationery shop unless she transferred ten thousand rupees to him. Lakshmi was frightened, but before any money was delivered, she reported the threat to the police. Devendra, in order to commit extortion, put Lakshmi in fear of injury to her property. Devendra committed an offence under Section 308(3) BNS.

When This Does Not Apply

  • No person was put in fear, and no attempt was made to put any person in fear, of any injury
  • The act of putting or attempting to put in fear was not done in order to the committing of extortion

Previous Law

IPC 385 → Section 308(3) BNS

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.

Section 308(4) BNS: Putting person in fear of death or of grievous hurt, in order to commit extortion

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Bare Act Text

(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.

Explained in Simple Words

Section 308 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a serious form of extortion. It applies when a person puts another in fear of death or grievous hurt, and does so with the intention of making that person deliver property or valuable security. The threat need not always be carried out.

The offence is complete when the fear is created for the purpose of extortion. This section is used where the pressure is severe, such as threats of killing, causing major injury, or creating fear of grave violence. It can apply to direct threats, threats through messages, or threats made through another person, if the intention is to obtain money, property, or any valuable security.

In practice, this provision is treated seriously because it combines intimidation with unlawful gain. It often appears in cases involving demands for money, forced transfers, or coercive settlement pressure.

Key Ingredients

  • Putting or attempting to put any person in fear of death or of grievous hurt to that person or to any other
  • Acting in order to the committing of extortion, punishable under Section 308(4) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to seven years.

💰 The offender is also liable to fine.

Putting or attempting to put any person in fear of death or grievous hurt in order to commit extortion carries imprisonment for up to seven years, and liability to fine.

Real-World Example

In Nagpur, Vikram sent repeated messages to Rukhsana stating that Fatima would be killed unless Rukhsana delivered fifty thousand rupees to him that evening. Rukhsana became frightened for Fatima's life and contacted the police before any money was transferred. Even though no property was delivered, Vikram put Rukhsana in fear of the death of another person in order to commit extortion. Vikram committed an offence under Section 308(4) BNS.

When This Does Not Apply

  • No person was put in fear, and no attempt was made to put any person in fear, of death or of grievous hurt
  • The fear was of simple injury rather than death or grievous hurt
  • The act of putting or attempting to put in fear was not done in order to the committing of extortion

Previous Law

IPC 387 → Section 308(4) BNS

Section 387 IPC corresponds to Section 308(4) BNS. The definition of the offence, the seven-year maximum term of imprisonment, and the liability to fine remain unchanged in substance.

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

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Bare Act Text

(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.

Explained in Simple Words

Section 308(5) of the Bharatiya Nyaya Sanhita (BNS) deals with extorting property or valuable security by putting a person in fear of death or grievous hurt. In simple terms, if someone threatens a victim with death or serious injury to force payment, delivery of property, or signing of a valuable document, this section may apply. The threat must be serious enough to create real fear, and the act must be done with dishonest intent. This section is used against offenders who use extreme intimidation to obtain money, property, or documents.

It commonly applies in cases involving threats made in person, by phone, through agents, or by other means, so long as the victim is placed in fear of death or grievous hurt. For a complainant, this provision gives strong legal protection. For the accused, the prosecution must still prove the threat, the fear caused, and the link between that fear and the handing over of property or security.

Key Ingredients

  • Committing extortion by putting any person in fear of death or of grievous hurt to that person or to any other
  • Punishment with imprisonment of either description for a term extending to ten years and liability to fine under Section 308(5) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years.

💰 The offender is also liable to fine.

Extortion committed by putting any person in fear of death or of grievous hurt carries imprisonment of either description for up to ten years, and liability to fine.

Real-World Example

On the Meerut bypass, Arjun telephoned Naveen and stated that Harpreet would be killed unless Naveen transferred fifty thousand rupees to Arjun that afternoon. Fearing for Harpreet's life, Naveen was induced to transfer the money to the bank account specified by Arjun. Arjun committed extortion by putting Naveen in fear of the death of another person. Arjun is punishable under Section 308(5) BNS.

When This Does Not Apply

  • No person was put in fear of death or of grievous hurt
  • Property, a valuable security, or a signed or sealed document capable of conversion into a valuable security was not delivered
  • The fear was of simple injury rather than death or grievous hurt
  • The delivery of property was not induced by the fear of death or grievous hurt

Previous Law

IPC 386 → Section 308(5) BNS

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.

Section 308(6) BNS: Putting person in fear or accusation of offence, in order to commit extortion

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Bare Act Text

(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.

Explained in Simple Words

Section 308(6) of the Bharatiya Nyaya Sanhita (BNS) deals with putting or attempting to put a person in fear of a serious criminal accusation in order to commit extortion. Specifically, it applies when someone 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, imprisonment for life, or imprisonment for a term which may extend to ten years, in order to extort property or valuable security.

The law targets severe intimidation used as a tool for extortion, even if no property is ultimately delivered. This section applies where the accused tries to extract money or property by threatening to accuse the victim or another person of such a grave offence unless the victim complies.

In practice, this provision protects people from blackmail involving threats of serious criminal charges, and punishes the offender with imprisonment of either description for up to ten years, and the offender is also liable to fine.

Key Ingredients

  • Putting or attempting to put 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
  • Acting in order to the committing of extortion, punishable under Section 308(6) BNS

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years.

💰 The offender is also liable to fine.

Putting or attempting to put any person in fear of an accusation of an offence punishable with death, imprisonment for life, or imprisonment for up to ten years in order to commit extortion carries imprisonment of either description for up to ten years and liability to fine.

Real-World Example

Near Patna, Gopal approached Nisha and threatened that unless she paid him three lakh rupees, he would publicly accuse her brother Anil of having attempted an offence punishable with imprisonment for life. Nisha was terrified by the threat of such an accusation, but contacted the police before paying any money. Even though no property was delivered, Gopal put Nisha in fear of an accusation of a life imprisonment offence in order to commit extortion. Gopal is punishable under Section 308(6) BNS.

When This Does Not Apply

  • No person was put in fear, and no attempt was made to put any person in fear, of an accusation of an offence punishable with death, imprisonment for life, or imprisonment extending to ten years
  • The act was not done in order to the committing of extortion
  • The accusation threatened was of an offence not punishable with death, imprisonment for life, or imprisonment extending to ten years

Previous Law

IPC 389 → Section 308(6) BNS

Section 389 IPC corresponds to Section 308(6) BNS. The limb prescribing imprisonment for life where the accusation threatened 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.

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

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Bare Act Text

(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

Explained in Simple Words

Section 308(7) of the Bharatiya Nyaya Sanhita (BNS) deals with committing extortion through the threat of a serious criminal accusation. It applies when a person 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, imprisonment for life, or imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such an offence.

This section matters because the threat does not have to involve physical violence. A person can be coerced into delivering property, valuable security, or a signed or sealed document by the fear of facing a grave criminal accusation. The law prevents the misuse of serious criminal allegations as a weapon for extortion.

In practice, this provision applies where someone uses threats of serious criminal accusations to force payment or obtain valuable documents, carrying imprisonment of either description for up to ten years and liability to fine.

Key Ingredients

  • 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
  • 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

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years.

💰 The offender is also liable to fine.

Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for up to ten years carries imprisonment of either description for up to ten years and liability to fine.

Real-World Example

In Thrissur, Kavita threatened Karthik that unless he paid her three lakh rupees, she would report to the police that Karthik had murdered a business partner. Fearful of facing an accusation of an offence punishable with death or imprisonment for life, Karthik was dishonestly induced to transfer the money to Kavita. Kavita committed extortion by threat of accusation of a capital or life imprisonment offence. Kavita is punishable under Section 308(7) BNS.

When This Does Not Apply

  • No person was put in fear of an accusation of an offence punishable with death, imprisonment for life, or imprisonment extending to ten years, or of attempting to induce another to commit such an offence
  • Property, a valuable security, or a signed or sealed document capable of conversion into a valuable security was not delivered
  • The delivery was not induced by the fear of such an accusation

Previous Law

IPC 388 → Section 308(7) BNS

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·