BNS Section 308 (Old IPC 384): Extortion – Punishment, Bail & How to File a Case

Introduction

BNS Section 308 criminalises extortion, which occurs when a person intentionally puts another person in fear of injury and dishonestly induces that person to hand over money, property, valuable security, or any document that can be converted into a valuable security.

Extortion is different from theft because the victim voluntarily delivers the property, but only because of fear, threats, coercion, or intimidation created by the offender. The offence may be committed through physical threats, verbal threats, written communications, blackmail, or even electronic messages.

The Bharatiya Nyaya Sanhita retains the concept of extortion from the IPC while recognising modern forms of intimidation, including threats sent through electronic devices and digital communication platforms.

What is BNS Section 308?

BNS Section 308 defines extortion as intentionally putting any person in fear of injury and thereby dishonestly inducing that person to deliver property, valuable security, or any signed or sealed document capable of being converted into a valuable security.

The essence of the offence is the use of fear to obtain property or some financial advantage from the victim.

The injury threatened may relate not only to the victim but also to another person, such as a family member, friend, or associate.

Bare Act Text of BNS Section 308

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.

In Simple Words

If a person threatens another individual and, because of that threat, obtains money, property, jewellery, documents, digital assets, or any valuable item, the offence amounts to extortion.

For example, demanding money by threatening to harm someone's child, publish defamatory material, leak private information, or falsely implicate someone in a criminal case may amount to extortion.

Essential Ingredients of BNS Section 308

1. Fear of Injury

The accused must intentionally create fear of injury in the mind of the victim.

2. Dishonest Intention

The threat must be made with a dishonest intention to obtain property or another valuable benefit.

3. Delivery of Property or Valuable Security

The victim must deliver property, money, valuable security, or a document capable of becoming a valuable security.

4. Inducement Through Fear

The delivery must occur because of the fear created by the accused.

5. Voluntary Act of the Accused

The accused must intentionally commit the act resulting in extortion.

Punishment Under BNS Section 308

BNS Section 308 contains multiple punishment provisions depending upon the nature of the extortion.

Classification of Offence Under BNS Section 308

Bail Under BNS Section 308

BNS Section 308 is generally treated as a non-bailable offence because extortion involves coercion, intimidation, and unlawful acquisition of property.

While considering bail applications, courts may examine:

• Nature of threats used.
• Amount or value involved.
• Criminal history of the accused.
• Possibility of influencing witnesses.
• Risk of repeating the offence.
• Evidence collected during investigation.

Where the extortion involves threats of death, grievous hurt, kidnapping, or serious criminal accusations, courts may adopt a stricter approach while deciding bail.

Which Court Has Jurisdiction Under BNS Section 308?

According to the classification provided, offences under BNS Section 308 are triable by a Magistrate First Class.

After completion of the investigation, the police submit the charge sheet before the competent Magistrate, who conducts the trial and determines criminal liability.

How to File a Case Under BNS Section 308?

A victim of extortion can take the following legal steps:

1. Preserve messages, emails, recordings, screenshots, or documents containing threats.
2. Approach the nearest police station and lodge a complaint.
3. Provide details of the threats, demands, and property involved.
4. Submit supporting electronic and documentary evidence.
5. Ensure registration of an FIR.
6. Cooperate with the police investigation.
7. Attend court proceedings when required.
8. Seek appropriate legal remedies and compensation where available.

Step-by-Step Legal Process Under BNS Section 308

1. Threat or extortion demand is made.
2. Complaint is filed before the police.
3. Registration of FIR.
4. Collection of electronic and documentary evidence.
5. Recording of witness statements.
6. Identification of financial transactions, if any.
7. Arrest of the accused where necessary.
8. Recovery of extorted property or money.
9. Completion of investigation.
10. Filing of charge sheet.
11. Framing of charges.
12. Examination of witnesses.
13. Cross-examination by the defence.
14. Final arguments.
15. Pronouncement of judgment.
16. Sentencing upon conviction.
17. Appeal before the higher court.

Old Law vs New Law (IPC → BNS Mapping)

BNS Section 308 consolidates the various IPC provisions relating to extortion into a single comprehensive section.

Important Case Laws Related to BNS Section 308

R.S. Nayak v. A.R. Antulay

The Court emphasised that fear and dishonest inducement are essential elements of extortion.

M. Narayanan Nambiar v. State of Kerala

The Court discussed the requirement of wrongful gain and dishonest intention in offences involving unlawful acquisition of property.

Although these judgments were delivered under the IPC, the principles remain relevant because BNS Section 308 substantially corresponds to IPC Sections 383–389.

Defences Available Under BNS Section 308

Common defences may include:

• Absence of threat.
• No fear created in the victim's mind.
• Lack of dishonest intention.
• False implication.
• Property not delivered due to alleged threat.
• Fabricated electronic evidence.
• Mistaken identity.
• Failure of prosecution to establish inducement.

The availability and success of these defences depend on the evidence in each case.

Real-Life Example of BNS Section 308

Suppose A sends messages to B stating that unless B transfers ₹5 lakh, private photographs will be circulated online. Out of fear, B transfers the money.

In this situation, A may be prosecuted for extortion because money was obtained through fear and dishonest inducement.

Similarly, threatening to harm a family member, falsely implicate someone in a serious crime, or publish defamatory information to obtain money may amount to extortion under BNS Section 308.

Conclusion

BNS Section 308 protects individuals from being forced to surrender property, money, or valuable assets through threats and intimidation. The provision covers traditional forms of extortion as well as modern digital blackmail and electronic threats.

By prescribing punishment of up to seven years for extortion and higher punishment for aggravated forms involving threats of death, grievous hurt, or serious criminal accusations, the law seeks to deter coercive conduct and safeguard personal and financial security.