Bharatiya Nyaya Sanhita, 2023
Section 308 BNS: Extortion - Meaning, Punishment, Bail and Illustrations
Section 308 of the Bharatiya Nyaya Sanhita, 2023 defines extortion and provides different punishments depending on the nature of the threat, whether extortion is completed or only attempted, and whether the threat involves death, grievous hurt or accusation of a serious offence.
Section 308(1) BNS - Definition of Extortion
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.
The provision therefore combines intentional creation of fear, dishonest inducement, and delivery of property or a legally valuable document. The fear may concern injury to the person induced or to another person.
Essential Ingredients of Extortion
To establish extortion under Section 308(1), the prosecution must ordinarily show:
- the accused intentionally put a person in fear of injury;
- the threatened injury could be to that person or to another person;
- because of that fear, the person was dishonestly induced to deliver something;
- the subject of delivery was property, valuable security, or something signed or sealed capable of being converted into a valuable security; and
- there was a causal connection between the fear created and the delivery induced.
Illustrations Given in Section 308
Illustration (a) - Threat of defamation
A threatens to publish a defamatory libel concerning Z unless Z gives him money. Z is thereby induced to pay. The illustration treats this as extortion.
Illustration (b) - Wrongful confinement of a child
A threatens to keep Z's child in wrongful confinement unless Z signs and delivers a promissory note binding Z to pay money. Z signs and delivers it. The illustration treats this as extortion.
Illustration (c) - Threat to damage a field
A threatens to send persons to plough up Z's field unless Z signs and delivers a bond requiring delivery of produce to B. Z is induced to sign and deliver the bond. The illustration treats this as extortion.
Illustration (d) - Blank signed paper
A puts Z in fear of grievous hurt and dishonestly induces Z to sign or seal a blank paper and deliver it. Because the signed or sealed paper may be converted into a valuable security, the illustration treats the conduct as extortion.
Illustration (e) - Electronic threat
A sends a message through an electronic device threatening that Z's child will be killed unless Z sends one lakh rupees. Z is thereby induced to give money. The illustration treats this as extortion.
Punishments Under Section 308(2) to Section 308(7)
| Provision | Conduct | Punishment |
|---|---|---|
| 308(2) | Committing extortion | Imprisonment of either description up to seven years, or fine, or both |
| 308(3) | Putting or attempting to put a person in fear of any injury in order to commit extortion | Imprisonment of either description up to two years, or fine, or both |
| 308(4) | Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion | Imprisonment of either description up to seven years and fine |
| 308(5) | Committing extortion by putting a person in fear of death or grievous hurt | Imprisonment of either description up to ten years and fine |
| 308(6) | Putting or attempting to put a person in fear of accusation of a serious offence in order to commit extortion | Imprisonment of either description up to ten years and fine |
| 308(7) | Committing extortion by putting a person in fear of accusation of specified serious offences | Imprisonment of either description up to ten years and fine |
BNSS Classification: Cognizable, Bail and Trial Court
| Provision | Cognizable | Bail | Trial Court |
|---|---|---|---|
| 308(2) | Cognizable | Non-bailable | Magistrate of the first class |
| 308(3) | Cognizable | Bailable | Any Magistrate |
| 308(4) | Cognizable | Non-bailable | Magistrate of the first class |
| 308(5) | Cognizable | Non-bailable | Magistrate of the first class |
| 308(6) | Cognizable | Bailable | Magistrate of the first class |
| 308(7) | Cognizable | Bailable | Magistrate of the first class |
Because the classification differs by sub-section, it is important to identify the precise allegation under Section 308 rather than describing the whole provision simply as bailable or non-bailable.
Fear of Injury and Fear of Death or Grievous Hurt
Section 308 distinguishes ordinary fear of injury from the more serious threat of death or grievous hurt. Section 308(3) addresses putting or attempting to put a person in fear of injury for the purpose of extortion, while Sections 308(4) and 308(5) deal specifically with fear of death or grievous hurt.
The distinction affects both punishment and bail classification. Completed extortion by fear of death or grievous hurt under Section 308(5) carries a maximum term of ten years plus fine.
Extortion by Threat of Accusation
Sections 308(6) and 308(7) address threats involving accusations of serious criminal offences. These provisions apply where fear of such an accusation is used or attempted to be used to commit extortion, or where extortion is actually committed through such fear.
Both sub-sections provide imprisonment of either description for a term which may extend to ten years and fine.
Difference Between Extortion and Robbery Under Section 309 BNS
Section 309 BNS explains when extortion becomes robbery. In broad terms, extortion amounts to robbery where the offender is sufficiently present to put the victim in fear of instant death, instant hurt or instant wrongful restraint and, by that fear, induces the victim then and there to deliver the thing extorted.
Accordingly, not every extortion is robbery. The immediacy of the fear, the offender's presence and the immediate delivery contemplated by Section 309 are important distinguishing features.
Official Legal Sources
For authoritative statutory text, commencement information and procedural classification, refer to the India Code and Ministry of Home Affairs resources provided in the right sidebar. The official Act, Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is extortion under Section 308 BNS?
Extortion is committed when a person intentionally puts another in fear of injury and thereby dishonestly induces that person to deliver property, valuable security, or a signed or sealed thing capable of being converted into a valuable security.
What is the punishment for extortion?
Under Section 308(2), ordinary extortion is punishable with imprisonment up to seven years, or fine, or both. More serious forms under Sections 308(4) to 308(7) carry higher punishment as set out above.
Is Section 308 BNS bailable?
The answer depends on the sub-section. Sections 308(2), 308(4) and 308(5) are non-bailable, while Sections 308(3), 308(6) and 308(7) are bailable under the BNSS First Schedule.
Is Section 308 BNS cognizable?
Yes. The listed offences under Sections 308(2) to 308(7) are cognizable.
Can an electronic threat amount to extortion?
Yes. One of the statutory illustrations specifically describes an extortionate threat communicated through an electronic device.
This page provides general legal information. Application of Section 308 depends on the specific sub-section invoked, the facts, evidence and law applicable to the individual case.