Section 386 IPC: Extortion by putting a person in fear of death or grievous hurt

Indian Penal Code, 1860

Section 386 IPC at a Glance

Section 386 IPC deals with extortion by putting a person in fear of death or grievous hurt. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 308(5) BNS.

Punishment

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

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

BNS Equivalent

Section 308(5) →

Section 386 IPC Bare Act Text

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.

Source: Section 386, Indian Penal Code, 1860

Section 386 IPC in Simple Words

Section 386 of the Indian Penal Code (IPC) punishes extortion committed by putting any person in fear of death or of grievous hurt, to that person or to any other. The punishment is imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

The offence is an aggravated form of extortion requiring both the completed delivery of property and the creation of fear of death or grievous hurt. The offence is cognizable, non-bailable, and triable by a Magistrate of the first class.

It is not compoundable under Section 320 CrPC.

Ingredients of Section 386 IPC

The accused committed extortion as defined in Section 383 IPC
The accused committed extortion by putting any person in fear of death or of grievous hurt to that person or to any other
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

Punishment Under Section 386 IPC

Imprisonment

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

Fine

The offender is also liable to fine.

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

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.

Example of Section 386 IPC

In 2019 in Surat, Balraj sent a letter to Tarun stating that Tarun's teenage son Rohan would have both his legs broken unless Tarun handed over a diamond ring at the old warehouse the next day. Terrified that his son would suffer grievous hurt, Tarun went to the warehouse and delivered the diamond ring to Balraj. By intentionally putting Tarun in fear of grievous hurt to his son and thereby dishonestly inducing Tarun to deliver the ring, Balraj committed extortion by putting a person in fear of grievous hurt. Balraj is punishable under Section 386 IPC.

When Section 386 IPC Does Not Apply

Section 386 IPC does not apply when the offender threatens only minor harm or reputational damage rather than death or grievous hurt.
Section 386 IPC does not apply when the victim refuses the demand and does not deliver any property, valuable security, or signed or sealed document.
Section 386 IPC does not apply when no person is put in fear of death or grievous hurt to themselves or to another person.
Section 386 IPC does not apply when property is handed over voluntarily and not as a result of being dishonestly induced by fear of death or grievous hurt.

Section 386 IPC in the BNS

Section 386 IPC is now covered under 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.

View detailed comparison (IPC 386 vs BNS 308(5)) →

FAQs on Section 386 IPC

What does Section 386 IPC punish?▼

It punishes extortion committed by putting any person in fear of death or of grievous hurt to that person or to any other.

What is the punishment under Section 386 IPC?▼

Imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

Is Section 386 IPC bailable?▼

No. Section 386 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 386 IPC cognizable?▼

Yes. An offence under Section 386 IPC is cognizable.

Which court tries an offence under Section 386 IPC?▼

A Magistrate of the first class.

Can Section 386 IPC be compounded?▼

No. Section 386 IPC is not compoundable under Section 320 CrPC.

How does Section 386 IPC differ from Section 387 IPC?▼

Section 386 IPC requires extortion to be completed by the delivery of property, whereas Section 387 IPC punishes putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion even if no delivery occurs.

Whose death or grievous hurt may be threatened under Section 386 IPC?▼

The threat may be of death or grievous hurt to that person or to any other person.

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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 ·