Section 388 IPC: Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc
Indian Penal Code, 1860
Section 388 IPC at a Glance
Section 388 IPC deals with extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 308(7) BNS.
Imprisonment 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.
Section 388 IPC Bare Act Text
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.
Source: Section 388, Indian Penal Code, 1860
Section 388 IPC in Simple Words
Section 388 of the Indian Penal Code (IPC) punishes extortion committed by putting 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 up to ten years, or of having attempted to induce another person to commit such an offence. The punishment is imprisonment of either description for a term which may extend to ten years, and liability to fine.
If the offence threatened is one punishable under Section 377 IPC, the offender may be punished with imprisonment for life. The offence is cognizable, bailable, and triable by a Magistrate of the first class.
It is not compoundable under Section 320 CrPC.
Ingredients of Section 388 IPC
- The accused committed extortion as defined in Section 383 IPC
- The accused committed extortion by putting any person in fear of an accusation against that person or any other
- 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
- The person was thereby dishonestly induced to deliver property or a valuable security
Punishment Under Section 388 IPC
Imprisonment 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.
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, or imprisonment for life if the accusation threatened is of an offence punishable under Section 377 IPC.
Example of Section 388 IPC
When Section 388 IPC Does Not Apply
- Section 388 IPC does not apply when the threatened accusation relates only to a minor offence punishable with less than ten years of imprisonment.
- Section 388 IPC does not apply when the person threatened refuses to comply and does not deliver any property, valuable security, or signed or sealed document.
- Section 388 IPC does not apply when property is delivered for reasons unrelated to any fear of an accusation of a qualifying offence.
Section 388 IPC in the BNS
Section 388 IPC is now covered under 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.
View detailed comparison (IPC 388 vs BNS 308(7)) →FAQs on Section 388 IPC
What does Section 388 IPC punish?▼
It punishes extortion committed by putting a 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.
What is the punishment under Section 388 IPC?▼
Imprisonment of either description for a term which may extend to ten years, and liability to fine. Under the IPC, if the accusation related to Section 377 IPC, imprisonment for life was also available.
Is an offence under Section 388 IPC bailable?▼
Yes. The First Schedule to the CrPC classifies Section 388 IPC as bailable.
Is Section 388 IPC cognizable?▼
Yes. An offence under Section 388 IPC is cognizable.
Which court tries an offence under Section 388 IPC?▼
A Magistrate of the first class.
Can Section 388 IPC be compounded?▼
No. Section 388 IPC is not compoundable under Section 320 CrPC.
Does Section 388 IPC require the delivery of property?▼
Yes. Section 388 IPC punishes completed extortion, which requires that property or a valuable security be delivered because of the fear induced.
What changed regarding Section 388 IPC under Section 308(7) BNS?▼
Section 308(7) BNS dropped the enhanced penalty of imprisonment for life for accusations of offences under Section 377 IPC, leaving the maximum penalty at ten years and liability to fine.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·