BNS Section 308 – Extortion
The Indian Penal Code (IPC) Section – 383 – 389
Bharatiya Nyaya Sanhita (BNS) Section 308: Extortion
This section deals with the crime of extortion, which involves using fear or threats to force someone to hand over property, valuable security, or anything that can be converted into valuable security. Below is a detailed explanation of the law in simple and easy-to-understand language:
What is Extortion?
Extortion occurs when a person:
- Intentionally puts someone in fear of injury (physical, mental, reputational, or financial) to themselves or another person.
- Dishonestly induces the person to deliver:
- Any property (like money, goods, etc.),
- Valuable security (like bonds, promissory notes, etc.), or
- Anything signed or sealed that can be converted into valuable security.
Key Elements of Extortion
- Fear of Injury:
- The offender must create fear of harm, which can be physical, mental, or reputational.
- The fear can be directed at the victim or someone else (like a family member).
- Dishonest Intent:
- The offender must act dishonestly, meaning they know their actions are wrong and unlawful.
- Inducement:
- The victim must hand over property or valuable security because of the fear created by the offender.
- Delivery of Property or Security:
- The crime is complete only when the victim, under fear, delivers the property or security.
Examples of Extortion
- Example 1:
- A threatens to publish false and damaging information about Z unless Z pays him money. Z pays out of fear. This is extortion.
- Example 2:
- A threatens to harm Z’s child unless Z signs a promissory note to pay money. Z signs the note out of fear. This is extortion.
- Example 3:
- A sends a message to Z saying, “Your child is in my custody. Pay ₹1 lakh, or I will harm them.” Z pays the money out of fear. This is extortion.
What is the Punishment?
The punishment for extortion depends on the nature of the threat:
| Type of Offence | Punishment |
|---|---|
| General Extortion | – Jail term of up to 7 years, or – Fine, or – Both. |
| Putting or Attempting to Put in Fear of Injury (to commit extortion) | – Jail term of up to 2 years, or – Fine, or – Both. |
| Putting or Attempting to Put in Fear of Death or Grievous Hurt (to commit extortion) | – Jail term of up to 7 years, and – Fine. |
| Extortion by Threat of Death or Grievous Hurt | – Jail term of up to 10 years, and – Fine. |
| Threat of Accusation of a Serious Offence (to commit extortion) | – Jail term of up to 10 years, and – Fine. |
| Extortion by Threat of Accusation of a Serious Offence | – Jail term of up to 10 years, and – Fine. |
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest without a warrant. |
| Bailable or Non-bailable | Non-bailable (in most cases) – The accused cannot easily get bail. |
| Court for Trial | Magistrate of the First Class – The case is tried by a higher-level Magistrate. |
Why is this Law Important?
This law is important because:
- It protects individuals from being forced to hand over property or valuables under threat or fear.
- It ensures that those who use fear or violence to commit extortion face strict punishment.
- It maintains public safety and trust by deterring such crimes.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 308 defines extortion as the act of using fear or threats to dishonestly obtain property or valuable security from someone. The punishment varies based on the nature of the threat, ranging from 2 years to 10 years of imprisonment, along with fines. The law ensures that extortion, especially involving threats of death, grievous hurt, or false accusations, is dealt with severely to protect individuals and maintain social order.