Is BNS Section 308 (Extortion) bailable?

No, standard extortion under Section 308(2) BNS is a strictly non-bailable offence. The accused does not have a right to bail at the police station and must apply before a Magistrate's court for release.

Can police arrest a suspect for extortion without a warrant?

Yes, extortion is classified as a cognizable offence. Police officers have the full statutory authority to arrest the accused without an advance warrant from a Magistrate.

What is the maximum sentence under BNS Section 308?

The statutory penalty for extortion under Section 308(2) is imprisonment of either description for a term which may extend up to 7 years, or a fine, or both, triable by a Magistrate of the First Class.

Procedural Classification · BNSS First Schedule

BNS Section 308 Punishment Jail Term, Fines & Sentencing Guidelines

Analysis of punishment terms, fines, and judicial sentencing rules for BNS Section 308: (1) Extortion under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

⚖️ Sentencing & Penalty Guidelines

Extortion

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed Punishment

Imprisonment for 7years, or fine, or both.class

Putting or attempting to

Bail Status

✓ Bailable (Bail is a matter of right)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Any Magistrate

Prescribed Punishment

Imprisonment for 2 years,put in fear of injury, inor fine, or both. order to commit extortion

Putting or attempting to

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed 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

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed Punishment

Imprisonment forperson in fear of death or10 years and fine.class. grievous hurt

Putting a person in fear

Bail Status

✓ Bailable (Bail is a matter of right)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed 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

Bail Status

✓ Bailable (Bail is a matter of right)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed Punishment

Imprisonment foraccusation of an offence10 years and fine.class. punishable with death, imprisonment for life, or imprisonment for 10 years