Section Overview
Section Number:
IPC Section 386
Section Title:
Extortion by Putting a Person in Fear of Death or Grievous Hurt
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with similar aggravated extortion provisions retained.
Applicability:
IPC Section 386 applies when:
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Extortion is committed;
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The victim is put in fear of death or grievous hurt;
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Property, money, or valuable security is obtained through such fear;
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The threat is serious and immediate enough to influence the victim.
👉 This is an aggravated form of extortion beyond ordinary extortion under Sections 383 and 384.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 386 ka simple matlab hai ki agar koi person kisi ko jaan se maarne ya serious injury dene ki dhamki dekar paisa ya property leta hai, to ye serious extortion offence hai.
Simple words mein:
"Jaan se maarne ya gambhir chot ki dhamki dekar paisa lena IPC 386 ka offence hai."
Legal Meaning
Section 386 applies where:
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Extortion is committed;
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Fear involves:
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Death; OR
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Grievous hurt;
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The victim delivers property due to that fear;
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The accused acts dishonestly.
Essential Ingredients
Extortion Must Exist
Basic ingredients of Section 383 must be satisfied.
Fear of Death or Grievous Hurt
The threat must relate to:
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Killing the victim; OR
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Causing serious bodily injury.
Delivery of Property
Property, money, documents, or valuable security must be handed over.
Dishonest Intention
The accused must intend wrongful gain or wrongful loss.
Punishment & Legal Classification
Punishment
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Imprisonment up to 10 years; AND
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Fine.
👉 Punishment is significantly higher because of the extreme nature of the threat.
Bailable / Non-Bailable
❌ Non-Bailable
Cognizable / Non-Cognizable
✔ Cognizable
Compoundable
❌ Non-Compoundable
Triable By
Court of Session
IPC ↔ BNS Mapping
IPC Section
IPC Section 386
BNS Equivalent
Bharatiya Nyaya Sanhita retains provisions relating to:
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Aggravated extortion;
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Threats involving death or serious injury;
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Organized crime-related extortion;
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Coercive property offences.
Status:
Concept retained under BNS with updated criminal framework.
Real-Life Examples
Example 1: Death Threat for Money
A person threatens to kill a businessman unless money is paid.
Section 386 applies.
Example 2: Gang Extortion
Criminals threaten serious violence against a shopkeeper unless protection money is given.
IPC Section 386 applies.
Example 3: Kidnap-Related Threat
An offender threatens grievous harm to a family member unless payment is made.
Section 386 applies.
Example 4: Organized Crime Collection
A gang uses threats of murder to collect illegal payments.
Section 386 applies.
Landmark Judgments
Case Name:
State of Maharashtra v. Mohd. Yakub
Court:
Supreme Court of India
Key Takeaway:
Serious threats used for unlawful gain attract enhanced criminal liability.
Case Name:
Venu Naidu v. State of Andhra Pradesh
Court:
Supreme Court of India
Key Takeaway:
Fear of serious injury leading to transfer of property constitutes aggravated extortion.
Case Name:
Om Prakash v. State of Rajasthan
Court:
Supreme Court of India
Key Takeaway:
Threats affecting personal safety elevate the gravity of extortion offences.
Legal Insights
When Is Section 386 Applied?
Section 386 is invoked when:
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Property is obtained through fear;
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The fear specifically relates to death or grievous hurt;
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Serious intimidation is used;
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Extortion is completed.
Common Misuse Scenarios
Ordinary Threats
Minor threats may not amount to Section 386.
No Delivery of Property
If property is not transferred, other provisions may apply instead.
Lack of Serious Fear
The prosecution must prove fear of death or grievous hurt.
False Allegations
Personal disputes may sometimes lead to exaggerated accusations.
Defenses Available
No Threat of Death or Grievous Hurt
Threat does not meet required severity.
No Extortion Occurred
Property was not obtained.
Voluntary Payment
Payment was not induced by fear.
False Implication
Accused was wrongly named.