Introduction of 308 BNS
BNS Section 308 focuses on the crime of extortion. Extortion occurs when a person uses threats, fear, or intimidation to dishonestly force someone to hand over property, money, or anything valuable. This law addresses various forms of extortion, including threats of harm, confinement, or accusations of serious crimes. It aims to protect individuals from being coerced or manipulated into giving away their possessions under duress. The punishments for extortion vary based on the severity of the threat, ranging from fines to imprisonment for up to ten years.
The Bharatiya Nyaya Sanhita (BNS) Section 308 replaces the old Indian Penal Code (IPC) Section 383.
- Introduction of 308 BNS
- What is BNS Section 308 ?
- BNS 308 in Simple Points
- Section 308 BNS Overview
- BNS 308 Punishment
- BNS 308 bailable or not ?
- Bharatiya Nyaya Sanhita Section 308
- BNS Section 308 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 308 ?
BNS Section 308 defines extortion as the act of intentionally creating fear of injury, harm, or danger in another person to dishonestly induce them to transfer property, valuable security, or documents of value. The fear can involve threats of physical harm, confinement, or false accusations, compelling the victim to act against their will. Extortion can occur through direct threats or messages sent via electronic means.
Under Section 308 of the bns act 2023
Whoever intentionally puts any person in fear of injury, harm, confinement, death, or false accusations, and thereby dishonestly induces such person to deliver property, valuable security, or any signed document which may be converted into valuable security, shall be punished according to the severity of the threat, with imprisonment or fine, or both.”
1. Meaning of Extortion
This section criminalizes acts where a person uses fear or threats to force another to give away money, property, or anything valuable.
- The threats may include physical injury, grievous hurt, death, wrongful confinement, or false accusations of a serious crime.
- Extortion differs from theft because the victim hands over property unwillingly under fear, not by stealth.
2. Who is Covered?
- Individuals using threats → to obtain property or documents.
- Accusers → threatening false police cases (like rape or murder) unless property is handed over.
- Extortionists online → sending threatening emails, calls, or messages demanding money.
- Groups or gangs → using intimidation to collect “protection money.”
- Persons threatening family members → forcing payment by creating fear for loved ones.
3. Nature of the Offense
- Cognizable → Police can arrest without warrant and investigate immediately.
- Bailable or Non-Bailable → Depends on the severity:
- Minor extortion (fear of injury) → Bailable.
- Serious extortion (fear of death, grievous hurt, or false accusations) → Non-bailable.
- Non-Compoundable → Cannot be settled privately; must go through court.
- Triable by → Magistrate of the First Class (for serious cases).
4. Examples of BNS Section 308
- Example 1 – Threat of Harm
X threatens Y saying, “Give me ₹1,00,000 or I will burn your shop.” → Extortion. - Example 2 – False Accusation Threat
A tells B, “Transfer your land to me, or I will file a false rape case against you.” → Extortion under this section. - Example 3 – Digital Extortion
C emails D, “Send me ₹50,000 via online transfer, or I will leak your personal photos.” → Extortion using electronic means.
5. Punishment under BNS Section 308
- Basic Extortion → Imprisonment up to 7 years, or fine, or both.
- Extortion with fear of injury → Imprisonment up to 2 years, or fine, or both.
- Extortion with fear of death or grievous hurt → Imprisonment up to 10 years, plus fine.
- Extortion using false accusations (rape, murder, etc.) → Imprisonment up to 10 years, plus fine.
- Courts may award both imprisonment and fine based on seriousness.
6. Importance of BNS Section 308
- Protects people from coercion, blackmail, and intimidation.
- Ensures security of property and personal dignity.
- Prevents misuse of law through false threats of criminal charges.
- Covers modern communication extortion (calls, emails, texts).
- Acts as a deterrent against organized crime and blackmail rackets.
Section 308 BNS Overview
BNS Section 308 defines the offense of extortion. It occurs when a person deliberately puts another individual in fear of injury or harm to themselves or others and uses this fear to dishonestly make the person hand over property, valuable documents, or anything that can be turned into valuable security. This act of intimidation, combined with dishonesty, constitutes extortion.
10 Key Points Explaining BNS Section 308
- Meaning of Extortion
Extortion is a crime where a person uses fear or threats to obtain something valuable from another individual. This can include money, property, or signed documents. The threat may involve harm to the victim or someone else, forcing the victim to act against their will. - Intent and Fear
For extortion to occur, the offender must intentionally create fear of harm in the victim. This harm can be physical, emotional, or related to property. The fear leads the victim to surrender valuables or sign documents out of compulsion. - Dishonest Inducement
Extortion involves dishonesty. The offender uses fear to manipulate the victim into giving away their property or something of value. This act is done without the victim’s free consent and benefits the offender unfairly. - Forms of Threats
The threats used in extortion can be varied, such as physical harm, confinement, public humiliation, or accusations of crimes. For example, threatening to reveal personal information unless money is paid also constitutes extortion. - Preparation for Extortion
If a person plans or attempts to put someone in fear of harm or death to commit extortion, it is punishable. The mere attempt to create fear is enough to attract legal consequences under this section. - Severity of Threat
When extortion involves threats of death or grievous harm, the punishment is more severe. This emphasizes the law’s intention to protect individuals from extreme threats and violence. - Accusations as Threats
Extortion also includes putting someone in fear of false accusations of serious crimes, such as murder or rape. Using such accusations to compel a person to hand over property is covered under this section. - Use of Modern Communication
Sending threats through electronic devices like phones or emails is also considered extortion. For instance, threatening someone with harm over a message and demanding money is treated as extortion. - Punishments for Extortion
The punishment depends on the severity of the threat and its outcome. It ranges from imprisonment of two years to ten years, with or without fines, based on the specifics of the case. - Legal Safeguards
The law ensures that extortion is treated as a serious crime. Police can arrest offenders without a warrant in cognizable cases, ensuring swift action to protect victims from harm or exploitation.
Examples of BNS Section 308
- Threat of Physical Harm
A person threatens another individual, saying, “I will harm your family if you don’t give me ₹50,000.” Out of fear, the victim gives the money. This is extortion. - False Accusation Threat
A threatens B with filing a false police report accusing B of theft unless B signs over their property. B signs the document due to fear. A has committed extortion.
BNS 308 Punishment
- Basic Extortion
- Punishment: Imprisonment up to 7 years or a fine, or both.
- Extortion involving fear of injury
- Punishment: Imprisonment up to 2 years, or a fine, or both.
- Extortion involving fear of death or grievous hurt
- Punishment: Imprisonment up to 10 years and a fine.
- Extortion involving false accusations
- Punishment: Imprisonment up to 10 years and a fine.
BNS 308 bailable or not ?
- Basic Extortion (up to 7 years): Non-bailable.
- Extortion involving fear of injury (up to 2 years): Bailable.
- Extortion involving fear of death, grievous hurt, or accusations (up to 10 years): Non-bailable.
Bharatiya Nyaya Sanhita Section 308
| Subsection | Offense Description | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| 308(2) | Extortion involving fear of harm | Up to 7 years imprisonment or fine, or both | Non-Bailable | Cognizable | Magistrate of the First Class |
| 308(3) | Putting someone in fear of injury to commit extortion | Up to 2 years imprisonment or fine, or both | Bailable | Cognizable | Any Magistrate |
| 308(4) | Extortion involving fear of death or grievous harm | Up to 7 years imprisonment and fine | Non-Bailable | Cognizable | Magistrate of the First Class |
| 308(5) | Extortion causing fear of death or grievous harm | Up to 10 years imprisonment and fine | Non-Bailable | Cognizable | Magistrate of the First Class |
| 308(6) | Extortion by threat of false accusations for crimes punishable with death or life imprisonment | Up to 10 years imprisonment and fine | Non-Bailable | Cognizable | Magistrate of the First Class |
| 308(7) | Extortion using false accusations or attempts to induce others to commit crimes | Up to 10 years imprisonment and fine | Non-Bailable | Cognizable | Magistrate of the First Class |
Comparison: BNS Section 308 vs IPC Section 383
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 308 | Extortion — putting a person in fear of injury, harm, confinement, death, or false accusation and dishonestly inducing them to deliver property, security or documents. | Varies by severity: basic extortion (up to 7 years or fine), fear of injury (up to 2 years or fine), threats of death/grievous hurt or false accusations (up to 10 years and fine). | Bailable for lesser forms (fear of injury); Non-bailable for serious forms (death/grievous hurt/false accusations) | Cognizable | Magistrate of the First Class (serious cases) / Any Magistrate (lesser forms) |
| IPC Section 383 (Old) | Extortion — dishonestly putting a person in fear of injury, harm, or accusation to compel delivery of property or documents (older statutory phrasing; covers similar mischief). | Punishments under the IPC vary by clause (ranging up to several years’ imprisonment and fine for serious threats — broadly similar grading to modern provisions). | Varied by seriousness — historically treated as bailable for minor forms and non-bailable for serious threats. | Cognizable (in practice for serious extortion) | Magistrate (depending on gravity of offence) |
BNS Section 308 FAQs
What is the main purpose of BNS Section 308?
The main purpose is to penalize individuals who use threats, intimidation, or fear to dishonestly induce others to transfer property, valuables, or documents.
What types of threats are covered under BNS Section 308?
Threats can include physical harm, defamation, wrongful confinement, grievous hurt, death, or false accusations of serious crimes.
Is extortion via electronic communication punishable under BNS Section 308?
Yes, threats sent through messages, emails, or calls are punishable under this section.
What is the maximum punishment for extortion under BNS Section 308?
The maximum punishment is 10 years imprisonment along with a fine, particularly for threats involving death, grievous harm, or serious accusations.
Is extortion under BNS Section 308 bailable?
It depends on the severity of the offense: basic extortion involving fear of injury may be bailable, but extortion involving grievous harm, death, or false accusations is non-bailable.
Who can try cases under BNS Section 308?
Cases under this section are typically tried by a Magistrate of the First Class, depending on the offense’s nature and severity.
Conclusion
BNS Section 308 plays a crucial role in safeguarding people from coercion, blackmail, and threats. By treating extortion as a serious offense, the law protects both personal security and property rights. Its provisions cover different forms of threats, including false accusations and intimidation through digital platforms, ensuring justice in modern contexts. With punishments extending up to ten years of imprisonment, this section serves as a strong deterrent against those who attempt to exploit fear for personal gain. Ultimately, Section 308 reinforces the principles of fairness, security, and accountability in society.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.