Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XVII > Aggravated Forms of Extortion (S. 308(3) to 308(7) BNS)
According S. 308(1) of the Bharatiya Nyaya Sanhita, 2023, 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. While extortion in itself is a grave offense, the law recognizes that certain forms of it warrant even stricter punishment due to the presence of aggravating factors such as the use of deadly weapons, involvement of public servants, or threats to life and limb. These are categorized as aggravated forms of extortion under the Bharatiya Nyaya Sanhita, 2023, particularly addressed in Sections 308(3) to 308(7). Such provisions underscore the increased threat these offenses pose not only to individual victims but also to public order and trust in the legal system.
Ingredients of Extortion:
- The accused puts any person in fear of any injury to that person, or to any other;
- He does it intentionally and dishonestly; and
- He 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; and
- There must be the delivery of property, valuable security, or anything signed or sealed which may be converted into a valuable security under fear
These ingredients of extortion , which may be considered as equivalent to ‘blackmail’ under English law. All the illustrations given in the Section show that for offence of extortion to complete there must be the delivery of property to the wrongdoer. Property can be movable or immovable.
Comparative Study BNS and IPC
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 | Change |
| S. 308(1) | S. 383 | Clause (e) is newly added in the illustrations. |
| S. 308(2) | S. 384 | IPC section is included as a sub-section in BNS sans heading. The upper limit of the imprisonment is increased from three years to seven years. |
| S. 308(3) | S. 385 | IPC section is included as a sub-section in BNS sans heading. No other change. |
| S. 308(4) | S. 387 | IPC section is included as a sub-section in BNS sans heading. No other change. |
| S. 308(5) | S. 386 | IPC section is included as a sub-section in BNS sans heading. No other change. |
| S. 308(6) | S. 388 | IPC section is included as a sub-section in BNS sans heading. Words “and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life” are removed as the section 377 IPC has been excluded altogether. |
| S. 308(7) | S. 389 | IPC section is included as a sub-section in BNS sans heading. Words “and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life” are removed as the section 377 IPC has been excluded altogether. |
Following are the aggravated forms of extortion:
Section 308(3) BNS (Putting into Fear of Injury in Order to Commit Extortion):
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.
Ingredients of Section 308(3) BNS
- The accused had put any person in fear; or
- The accused attempted to put any person in fear, of any injury; and
- The accused did so in order to the committing of extortion.
Note that the offence of extortion is not complete.
Punishment for offence under S. 308(3) BNS:
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Classification of Offence under S. 308(3) BNS:
The offence is Cognizable, Bailable, and triable by any Magistrate
In Emperor v. Fazlur Rehman, AIR 1930 Pat 593 case, a mukhtyar, with the intention of extorting money, threatened to put scandalous, indecent and irrelevant questions intended to annoy and insult the prosecution witnesses, he was held guilty under Section 385 IPC (S. 308(3) BNS). The Court also held that the threat should be of some conduct which might either constitute an offence in criminal law or which might be made the basis of civil action for damages. Anything forbidden by law is unlawful and by virtue of the wide language of Section 43 is illegal.
In Chaturbhuj v. Emperor, AIR 1922 ALL 529 case, a cloth seller was threatened with the imposition of fine if he continued to sell foreign cloth. He continued to sell such cloth and to enforce payment of the fine his shop was picketed for two hours and he lost a certain amount of business and ultimately paid the fine. It was held that the person responsible for picketing was guilty of an offence under Section 385 IPC (S. 308(3) BNS) and 384 IPC ((S. 308(2) BNS)) also. When the cloth seller was threatened with the imposition of fine if he continued to sell foreign cloth, no fine was paid by him. Thus the accused put the shopkeeper in fear to get fine, which was not paid (no delivery of valuable property). Here Section 385 IPC (S. 308(3) BNS) is applicable. But in the second part the shop was picketed for two hours under fear of further loss of business the shopkeeper paid the fine (delivery of valuable property). Thus the offence of extortion is committed under Section 384 IPC (S. 308(2) BNS).
Section 308(4) BNS (Putting in Fear of Death or Grievous Hurt in Order to Commit Extortion):
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.
Ingredients of Section 308(4) BNS
- The accused had put any person in fear; or
- The accused attempted to put any person in fear, of death or of grievous hurt to that person or to any other; and
- The accused did so in order to the committing of extortion.
Note that the offence of extortion is not complete.
Punishment for offence under S. 308(4) BNS:
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Classification of Offence under S. 308(4) BNS:
The offence is Cognizable, Non-Bailable, and triable by Magistrate of First Class
In Dhananjay Kumar Singh v. State of Bihar 2007 CrLJ 1440 (SC) case the Supreme Court observed that the words used in Section 387 IPC (S. 308(4) BNS), i.e., “in order to the committing of extortion” is used for an act committed during act of extortion and for that act of extortion has to be concluded in terms of Section 383 IPC (S. 308(1) BNS).
Section 308(5) BNS (Putting in Fear of Death or Grievous Hurt and Committing Extortion):
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.
Ingredients of Section 308(5) BNS
- The accused had committed the offence of extortion;
- The accused had put any person in fear; or
- The accused attempted to put any person in fear, of death or of grievous hurt to that person or to any other.
Note that the offence of extortion is complete in this case.
Punishment for offence under S. 308(4) BNS:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Classification of Offence under S. 308(5) BNS:
The offence is Cognizable, Non-Bailable, and triable by Magistrate of First Class
In State v . Sidharth Sapra, on 9 August, 2018 case, where all the accused persons entered into a criminal conspiracy to extort money from the complainant on the pretext of executing non bailable warrants against him. All the accused persons extorted money from the complainant by putting him in fear of implicating him in false cases and further they also put the complainant in the fear of death or grievous hurt by showing weapon and they also threatened to kill the complainant in fake encounter. Court held that all the accused have committed the offence of extortion under S. 386 IPC (S. 308(5) BNS).
In Harish Chandra v. State Of U.P., AIR 1976 SC 1430 case, where the accused demanded ransom from the father of a boy whom they had kidnapped and they put the father in fright of the boy being murdered and there was throughout the likelihood of the boy being murdered, in case the ransom money was not paid, and where the father paid the ransom money, it was held that offence under this Section was committed.
Section 308 (6) BNS (Putting in Fear of Grave Punishment in order to Commit Extortion):
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.
Ingredients of Section 308(6) BNS
- The accused had put any person in fear; or
- The accused attempted 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
- punishable with imprisonment for life, or
- Punishable with imprisonment for a term which may extend to ten years; and
- The accused did so in order to the committing of extortion.
Note that the offence of extortion is not complete.
Punishment for offence under S. 308(6) BNS:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Classification of Offence under S. 308(6) BNS:
The offence is Cognizable, Bailable, and triable by Magistrate of First Class
Section 308(7) BNS (Putting in Fear of Grave Punishment and Committing Extortion:
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.
Ingredients of Section 308(6) BNS
- The accused committed the offence of extortion; and
- The accused committed offence by putting 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; and
Punishment for offence under S. 308(6) BNS:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Classification of Offence under S. 308(6) BNS:
The offence is Cognizable, Bailable, and triable by Magistrate of First Class
Conclusion:
Aggravated forms of extortion under the Bharatiya Nyaya Sanhita, 2023, reflect the law’s recognition of the increased severity and societal harm caused when extortion is carried out through means such as violence, threats of death or grievous hurt, or by public servants abusing their authority. Sections such as 308(3) to 308(7) BNS clearly differentiate these from simple extortion, prescribing stricter punishments to deter such conduct. As criminal tactics evolve with technological and socio-political changes, there is a growing need for continuous legal reform and judicial sensitivity to ensure these provisions are effectively enforced. Strengthening investigative procedures, protecting victims, and ensuring timely justice remain essential in combating aggravated extortion in all its forms.
For More Articles on the Bharatiya Nyaya Sanhita, 2023 Click Here