Section 389 IPC: Putting person in fear or accusation of offence, in order to commit extortion
Indian Penal Code, 1860
Section 389 IPC at a Glance
Section 389 IPC deals with putting person in fear or accusation of offence, in order to commit extortion. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 308(6) 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 389 IPC Bare Act Text
389. Putting person in fear or accusation of offence, in order to commit extortion
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; and, if the offence be punishable under section 377 of this Code, may be punished with imprisonment for life.
Source: Section 389, Indian Penal Code, 1860
Section 389 IPC in Simple Words
Section 389 of the Indian Penal Code (IPC) punishes putting or attempting 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 up to ten years, in order to the committing of extortion. 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 punishable under Section 377 IPC, the IPC makes the offender punishable with imprisonment for life. The offence does not require property to be delivered.
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 389 IPC
- The accused put any person in fear, or attempted to put 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, with imprisonment for life, or with imprisonment for a term which may extend to ten years
- The accused acted in order to the committing of extortion
Punishment Under Section 389 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.
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, or imprisonment for life if the accusation threatened is of an offence punishable under Section 377 IPC.
Example of Section 389 IPC
When Section 389 IPC Does Not Apply
- Section 389 IPC does not apply when no person is put in fear, and no attempt is made to put any person in fear, of an accusation of a qualifying offence.
- Section 389 IPC does not apply when the threatened accusation is of an offence punishable only with fine or with imprisonment for a maximum term under ten years.
- Section 389 IPC does not apply when a person threatens to make a criminal accusation out of spite rather than in order to commit extortion.
Section 389 IPC in the BNS
Section 389 IPC is now covered under 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.
View detailed comparison (IPC 389 vs BNS 308(6)) →FAQs on Section 389 IPC
What does Section 389 IPC punish?▼
It punishes 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 the committing of extortion.
What is the punishment under Section 389 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 provided.
Does Section 389 IPC require that property be delivered?▼
No. Section 389 IPC punishes putting or attempting to put a person in fear of such an accusation in order to commit extortion; delivery of property is not required.
Is an offence under Section 389 IPC bailable?▼
Yes. Section 389 IPC is classified as bailable in the First Schedule to the CrPC.
Is Section 389 IPC cognizable?▼
Yes. An offence under Section 389 IPC is cognizable.
Which court tries an offence under Section 389 IPC?▼
A Magistrate of the first class.
Can Section 389 IPC be compounded?▼
No. Section 389 IPC is not compoundable under Section 320 CrPC.
How does Section 389 IPC differ from Section 388 IPC?▼
Section 388 IPC punishes completed extortion where property was delivered, whereas Section 389 IPC punishes putting or attempting to put in fear of an accusation in order to commit extortion even if no property changes hands.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·