Section Overview
Section Number:
IPC Section 389
Section Title:
Putting Person in Fear of Accusation of an Offence in Order to Commit Extortion
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with corresponding provisions concerning aggravated extortion and coercive threats.
Applicability:
IPC Section 389 applies when:
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A person intentionally puts or attempts to put another person in fear;
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The fear relates to being accused of a serious criminal offence;
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The purpose is to commit extortion;
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Property need not actually be delivered.
👉 Section 389 is the attempt/intimidation counterpart of Section 388.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 389 ka simple matlab hai ki agar koi person kisi ko dhamki de ki uske against murder, rape ya kisi serious crime ka case laga dega aur us dhamki ke through paisa ya property lene ki koshish kare, to woh offence karta hai.
Chahe paisa mila ho ya nahi, offence ban sakta hai.
Simple words mein:
"Serious criminal case ki dhamki dekar paisa maangna IPC Section 389 ka crime hai."
Legal Meaning
Section 389 applies where:
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Fear of criminal accusation is created;
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The accusation relates to a serious offence;
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Extortion is intended;
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Actual transfer of property is not necessary.
Essential Ingredients
Intention to Commit Extortion
The threat must be linked to obtaining:
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Money;
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Property;
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Valuable security;
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Financial benefit.
Fear of Criminal Accusation
The accused puts or attempts to put another in fear of being accused of a serious offence.
Serious Offence Requirement
The accusation generally concerns offences punishable with:
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Death;
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Life imprisonment;
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Long-term imprisonment.
Extortion Need Not Be Completed
The intimidation itself is punishable.
Punishment & Legal Classification
Punishment
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Imprisonment up to 10 years; AND
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Fine.
👉 The punishment is the same as Section 388 because the law treats such intimidation very seriously.
Bailable / Non-Bailable
❌ Non-Bailable
Cognizable / Non-Cognizable
✔ Cognizable
Compoundable
❌ Non-Compoundable
Triable By
Court of Session
IPC ↔ BNS Mapping
IPC Section
IPC Section 389
BNS Equivalent
The Bharatiya Nyaya Sanhita continues provisions relating to:
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Aggravated extortion;
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Blackmail through criminal accusations;
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Coercive threats for unlawful gain.
Status
Concept substantially retained.
Real-Life Examples
Example 1: Threat of False Murder Case
A person threatens to falsely implicate someone in a murder case unless money is paid.
Section 389 applies.
Example 2: Threat of False Rape Allegation
An individual demands money while threatening to file a false rape complaint.
Section 389 may apply.
Example 3: Business Blackmail
A rival businessman threatens criminal prosecution unless a payment is made.
Section 389 applies.
Example 4: Family Property Dispute
A relative threatens to lodge a serious criminal complaint unless property is transferred.
Section 389 applies.
Landmark Judgments
Case Name:
R.S. Nayak v. A.R. Antulay
Court:
Supreme Court of India
Key Takeaway:
Misuse of legal processes for personal gain is viewed seriously under criminal law.
Case Name:
Mobarik Ali Ahmed v. State of Bombay
Court:
Supreme Court of India
Key Takeaway:
Dishonest intention remains a central element of extortion-related offences.
Case Name:
State of Maharashtra v. Mohd. Yakub
Court:
Supreme Court of India
Key Takeaway:
Preparatory and intimidation-based conduct can attract serious criminal liability.
Legal Insights
When Is Section 389 Applied?
Section 389 is applied when:
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Serious criminal accusations are used as threats;
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Extortion is intended;
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Property may not yet have been delivered;
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Fear is used as leverage.
Difference Between IPC Sections 388 and 389
| Section | Nature |
|---|---|
| IPC 388 | Completed extortion through threat of serious accusation |
| IPC 389 | Fear of serious accusation to commit extortion (attempt/intimidation stage) |
Defenses Available
No Intention to Extort
The accusation was not used for financial gain.
Genuine Complaint
The complaint was lawful and not a coercive threat.
No Fear Created
No intimidation occurred.
No Link to Property Demand
Threat not connected to extortion.
False Allegation
Accused falsely implicated.