Introduction
“Extortion by threat of accusation of an offence punishable with death or imprisonment for life”
IPC 388 addresses situations where someone threatens to accuse another person of a serious crime that carries a punishment of death or life imprisonment, in order to extort something valuable from them. This law aims to protect individuals from being coerced or manipulated through false accusations and ensures that justice is served.
What is IPC 388?
IPC 388 is a law that deals with a serious offense called extortion. Extortion happens when someone threatens to say you did something really bad, like a crime that could get you in big trouble, even put you in jail for life or worse. They use this threat to make you give them something valuable, like money or stuff you own.

Definition of IPC Section 388
Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.” In simpler terms, it refers to situations where someone threatens to accuse another person of a serious crime, which could lead to severe punishment like death or life imprisonment, in order to force them to give something valuable. This law aims to prevent coercion and manipulation through false accusations and uphold justice.
Section 388 IPC Explanation
IPC 388 IN short: IPC 388 of the Indian Penal Code addresses the crime of extortion through the threat of false accusations. In simple terms, it deals with situations where someone tries to scare another person by threatening to accuse them of a serious crime punishable with death or life imprisonment. This threat is used to force the victim into giving something valuable, such as money or property.
Section 388 of the Indian Penal Code (IPC) deals with the offense of extortion by threat of accusation of an offense punishable with death, imprisonment for life, or imprisonment for a term of ten years or more. Here’s a detailed explanation of IPC Section 388:
Extortion by threat of accusation of an offense punishable with death, imprisonment for life, or imprisonment for a term of three ( max ten years) or more:
This section states that if any person commits extortion by putting any person in fear of an accusation against that person or any other person, of having committed an offense punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years or more, such an act shall be punishable.
- Punishment for extortion by threat of accusation:
The punishment for this offense is imprisonment for a term which may extend to 3 (max ten years), and shall also be liable to fine. - Extortion by public servants:
If the offense is committed by a public servant, the punishment is more severe. In such cases, the public servant shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine. - Attempt to commit the offense:
The attempt to commit the offense of extortion by threat of accusation is also punishable under this section. The punishment for attempting to commit this offense is the same as that for the actual commission of the offense. - Explanation of terms:
a. “Extortion” is defined in Section 383 of the IPC as the act of putting any person in fear of injury to that person or to any other person, and thereby causing that person to deliver money or valuable security, or to do or omit to do any act which that person is not legally bound to do or omit to do.
IPC 388 Punishment
- Jail Time: Up to 3 years behind bars, depending on how bad the threats were and how scared the victim felt.
- Fines: On top of jail time, the court might also make you pay a big fine as punishment for the crime.
What is mean | Explanation |
---|---|
Definition | IPC 388 protects people from being forced to give up money or valuables by threats that could deeply offend their religious beliefs. |
Offense | Extortion by threat of accusation of an offence punishable with death or imprisonment for life |
Punishment | Up to 3 years in jail and a fine depending on the severity of the threat. |
Bailable | Generally non-bailable. Getting automatic release on bail is unlikely. The court has the discretion to grant bail based on the specific circumstances of the case. |

388 IPC bailable or not ?
IPC 388 not bailable, meaning the accused is usually not released on bail immediately after arrest. But in some situations, the court might grant bail based on certain factors.
IPC 388 FAQ’s
1. What is IPC 388?
IPC 388 protects people from being extorted by threats that could deeply offend their religious beliefs. This means someone can’t force you to give them money or valuables by threatening to harm your religious feelings.
2. What happens if someone threatens me under IPC 388?
- Up to 3 years in jail depending on the severity of the threat and the potential impact on your religious feelings.
- A fine imposed by the court.
3. How serious is IPC 388?
It’s considered serious because it exploits religious beliefs, causing deep emotional distress.
4.Can I get bail if charged with IPC 388?
IPC 388 is mostly not bailable, but exceptions might apply based on certain circumstances.
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