Section 385 IPC: Putting person in fear of injury in order to commit extortion

Indian Penal Code, 1860

Section 385 IPC at a Glance

Section 385 IPC deals with putting person in fear of injury in order to commit extortion. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 308(3) BNS.

Punishment

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

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

Section 308(3) →

Section 385 IPC Bare Act Text

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.

Source: Section 385, Indian Penal Code, 1860

Section 385 IPC in Simple Words

Section 385 of the Indian Penal Code (IPC) punishes putting any person in fear, or attempting to put any person in fear, of any injury, in order to commit extortion. The offence carries imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The offence does not require extortion to be completed or property to be delivered. It is cognizable, bailable, and triable by any Magistrate.

It is not compoundable under Section 320 CrPC.

Ingredients of Section 385 IPC

  • The accused put any person in fear, or attempted to put any person in fear, of any injury
  • The accused acted in order to the committing of extortion

Punishment Under Section 385 IPC

Imprisonment

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

Fine

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

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

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.

Example of Section 385 IPC

In 2021 in Jaipur, Ramesh visited Meena at her tailoring workshop and demanded that she hand over her gold bangles to him. He warned her that if she refused to give him the bangles, he would spread false rumours in the neighbourhood to ruin her reputation and business. Meena felt terrified of the harm to her reputation, though she did not hand over the jewellery and instead went to the police station. By putting Meena in fear of injury in order to dishonestly induce her to deliver the bangles, Ramesh acted in order to commit extortion. Ramesh is punishable under Section 385 IPC.

When Section 385 IPC Does Not Apply

  • Section 385 IPC does not apply when the accused neither puts nor attempts to put any person in fear of any injury.
  • Section 385 IPC does not apply when a person is put in fear of injury out of personal anger or revenge rather than in order to commit extortion.
  • Section 385 IPC does not apply when a demand for money or property is made without any threat or attempt to cause fear of injury.

Section 385 IPC in the BNS

Section 385 IPC is now covered under 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.

View detailed comparison (IPC 385 vs BNS 308(3)) →

FAQs on Section 385 IPC

What does Section 385 IPC punish?▼

It punishes putting any person in fear, or attempting to put any person in fear, of any injury, in order to the committing of extortion.

What is the punishment under Section 385 IPC?▼

Imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Does Section 385 IPC require property to be delivered?▼

No. Section 385 IPC punishes the act of putting or attempting to put a person in fear in order to commit extortion, regardless of whether property is delivered.

Is an offence under Section 385 IPC bailable?▼

Yes. Section 385 IPC is classified as bailable in the First Schedule to the CrPC.

Is Section 385 IPC cognizable?▼

Yes. An offence under Section 385 IPC is cognizable.

Which court tries an offence under Section 385 IPC?▼

Any Magistrate.

Can Section 385 IPC be compounded?▼

No. Section 385 IPC is not compoundable under Section 320 CrPC.

How does Section 385 IPC differ from Section 384 IPC?▼

Section 384 IPC punishes completed extortion where property has been delivered, whereas Section 385 IPC punishes putting or attempting to put a person in fear in order to commit extortion even if no delivery occurs.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·