BNS Section 308: Extortion

Bharatiya Nyaya Sanhita, 2023 · Chapter 17: Of Offences Against Property - Of theft - Of extortion - Of robbery and dacoity - Of criminal misappropriation of property - Of criminal breach of trust - Of receiving stolen property - Of cheating - Of fraudulent deeds and dispositions of property - Of mischief - Of criminal trespass

Also available in: हिंदी

308. (1) Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.
Illustrations.
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
(e) A threatens Z by sending a message through an electronic device that “Your child is in my possession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him money. A has committed extortion.

(2) Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(6) 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.

(7) 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. Of robbery and dacoity

Study: explanations and related material

Replaces IPC 383, IPC 384, IPC 385, IPC 386, IPC 387, IPC 388, IPC 389. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

308(2)Extortion.

Punishment
Imprisonment for 7 years, or fine, or both.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Magistrate of the first class

308(3)Putting or attempting to put in fear of injury, in order to commit extortion.

Punishment
Imprisonment for 2 years, or fine, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

308(4)Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion.

Punishment
Imprisonment for 7 years and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Magistrate of the first class

308(5)Extortion by putting a person in fear of death or grievous hurt.

Punishment
Imprisonment for 10 years and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Magistrate of the first class

308(6)Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion.

Punishment
Imprisonment for 10 years and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

308(7)Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years.

Punishment
Imprisonment for 10 years and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 181–182. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

Other sections in this chapter