BNS Section 308: (1) Extortion
Equivalent Legacy Law: IPC Section 383
💡 Simplified Explanation
BNS Section 308 deals with the legal rules and penalties for EXTORTION. In simple terms: Intentionally putting a person in fear of injury and thereby forcing them to hand over money or property.
Real-World Scenario
"Threatening to share a private video of someone unless they pay you 10,000 rupees."
⚖️ Procedural Classification Summary
Extortion
Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 7years, or fine, or both.class
Putting or attempting to
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 2 years,put in fear of injury, inor fine, or both. order to commit extortion
Putting or attempting to
Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment forput a person in fear of7 years and fine.class. death or grievous hurt in order to commit extortion
Extortion by putting a
Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment forperson in fear of death or10 years and fine.class. grievous hurt
Putting a person in fear
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment forof accusation of an offence10 years and fine.class. punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion
Extortion by threat of
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment foraccusation of an offence10 years and fine.class. punishable with death, imprisonment for life, or imprisonment for 10 years
📜 Official Statutory Provision
Clause (e) is newly added in the illustrations. 308 (2) Extortion punishment. 384 IPC section is included as a sub-section in BNS sans heading. The upper limit of the imprisonment is increased from three years to seven years. 308 (3) Putting person in fear of injury in order to commit extortion. 385 IPC section is included as a sub-section in BNS sans heading. No other change. 308 (4) Putting person in fear of death or of grievous hurt, in order to commit extortion. 387 Ditto. 308 (5) Extortion by putting a person in fear of death or grievous hurt. 386 Ditto. 308 (6) Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. 388 IPC section is included as a sub-section in BNS sans heading. Words “and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life” are removed as the section 377 IPC has been excluded altogether. 308 (7) Putting person in fear or accusation of offence, in order to commit extortion. 389 Ditto.