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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.



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.


BNS Section 308 addresses extortion, penalizing threats, intimidation, and coercion.
Severe penalties for extortion under BNS 308, protecting individuals from threats.

BNS 308 in Simple Points

  1. Intentional Creation of Fear
    Extortion begins with the deliberate intention to create fear in another person. This fear could be of physical harm, emotional distress, or financial loss. The offender aims to manipulate the victim into giving away their property or valuables by exploiting this fear. The fear can also extend to threats against a third party, like a family member, making the crime even more manipulative and harmful.
  2. Dishonest Inducement
    The essence of extortion lies in dishonesty. The offender uses threats or intimidation to compel the victim to act against their will. For example, threatening to reveal personal secrets unless money is paid is a form of dishonest inducement. The victim’s action is not voluntary but forced, making extortion a grave offense under the law.
  3. Different Forms of Threats
    Extortion can involve various types of threats, including physical harm, defamation, wrongful confinement, or even accusations of serious crimes. For instance, if someone threatens to falsely accuse another person of theft unless they hand over property, it constitutes extortion. The wide range of threats covered ensures that all forms of coercion are penalized.
  4. Use of Modern Communication for Extortion
    In today’s digital age, extortion can also occur through electronic devices like phones or emails. Sending a message that threatens harm unless money is transferred is considered extortion. The law takes such threats seriously, emphasizing that the mode of communication does not reduce the severity of the crime.
  5. Punishments Based on Severity
    The punishment for extortion varies depending on the type of threat. Simple extortion may result in imprisonment for up to seven years or fines, while threats involving death, grievous harm, or false accusations can lead to imprisonment of up to ten years. The law ensures that the severity of the punishment matches the seriousness of the crime.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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

  1. Basic Extortion
    • Punishment: Imprisonment up to 7 years or a fine, or both.
  2. Extortion involving fear of injury
    • Punishment: Imprisonment up to 2 years, or a fine, or both.
  3. Extortion involving fear of death or grievous hurt
    • Punishment: Imprisonment up to 10 years and a fine.
  4. Extortion involving false accusations
    • Punishment: Imprisonment up to 10 years and a fine.

BNS 308 outlines punishments for various extortion scenarios, including fines.
Punishments under BNS 308 vary from fines to up to 10 years of imprisonment.

BNS 308 bailable or not ?

  1. Basic Extortion (up to 7 years): Non-bailable.
  2. Extortion involving fear of injury (up to 2 years): Bailable.
  3. Extortion involving fear of death, grievous hurt, or accusations (up to 10 years): Non-bailable.

Bharatiya Nyaya Sanhita Section 308

SubsectionOffense DescriptionPunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
308(2)Extortion involving fear of harmUp to 7 years imprisonment or fine, or bothNon-BailableCognizableMagistrate of the First Class
308(3)Putting someone in fear of injury to commit extortionUp to 2 years imprisonment or fine, or bothBailableCognizableAny Magistrate
308(4)Extortion involving fear of death or grievous harmUp to 7 years imprisonment and fineNon-BailableCognizableMagistrate of the First Class
308(5)Extortion causing fear of death or grievous harmUp to 10 years imprisonment and fineNon-BailableCognizableMagistrate of the First Class
308(6)Extortion by threat of false accusations for crimes punishable with death or life imprisonmentUp to 10 years imprisonment and fineNon-BailableCognizableMagistrate of the First Class
308(7)Extortion using false accusations or attempts to induce others to commit crimesUp to 10 years imprisonment and fineNon-BailableCognizableMagistrate of the First Class
Bharatiya Nyaya Sanhita Section 308

BNS Section 308 FAQs

What is the main purpose of BNS Section 308?

What types of threats are covered under BNS Section 308?

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?

Is extortion under BNS Section 308 bailable?

Who can try cases under BNS Section 308?


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