Code: Section 308 BNS
(1) 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.
Illustrations.
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money.
He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign
and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers
the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver
to B a bond binding Z under a penalty to deliver certain produce to B, and thereby
induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or
affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A.
Here, as the paper so signed may be converted into a valuable security. A has committed
extortion.
(e) A threatens Z by sending a message through an electronic device that “Your child
is in my possession, and will be put to death unless you send me one lakh rupees.” A thus
induces Z to give him money. A has committed extortion.
(2) Whoever commits extortion shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with both.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
Explanation of Section 308 BNS
What Constitutes Extortion?
Under Section 308, extortion is considered a criminal act if:
- A person threatens harm or injury to someone (or their loved ones).
- The victim, out of fear, is forced to give up property, valuable security, or sign documents that can be converted into valuable security.
The act of extortion is a breach of trust and a direct threat to personal and financial safety.
Illustration
Example 1: Threatening Harm for Money
A person, let’s say Person A, threatens to spread harmful rumors about Person B unless Person B gives them money. Fearing reputational harm, Person B agrees to the demand.
Example 2: Coercing Signatures
Person A threatens to harm Person B’s family unless Person B signs a document transferring property rights to Person A. Person B, fearing harm to their family, complies.
Example 3: Blackmail
Person A possesses embarrassing private information about Person B and threatens to reveal it unless Person B hands over a valuable item. Person B, fearing personal harm, gives up the item.
These examples show how individuals may misuse threats to force others into compliance.
Common Questions and Answers on Section 308 BNS
1. What does Section 308 BNS say about extortion?
- Answer: Section 308 criminalizes the act of extortion, where a person uses threats of harm to unlawfully compel another person to deliver property or perform actions they otherwise wouldn’t do.
2. What types of threats fall under extortion?
- Answer: Extortion can involve threats of physical harm, threats to reveal compromising or sensitive information, or threats of financial loss, among others.
3. What penalties does one face if convicted of extortion under Section 308?
- Answer: The punishment varies depending on the severity of the threat:
- General Extortion: Up to seven years in prison, along with a fine, or both.
- Threatening Injury: Up to two years in prison, along with a fine.
- Threatening Death or Grievous Hurt: Up to seven years in prison, along with a fine.
- Extortion by Threatening Serious Offences: Up to ten years in prison, along with a fine.
4. Can extortion cases be appealed?
- Answer: Yes, as per the provisions of the Bharatiya Nyaya Sanhita, cases related to extortion can be appealed in higher courts if the accused believes the trial was not fair.
Conclusion
Section 308 of the Bharatiya Nyaya Sanhita (BNS) is designed to protect individuals from extortion, a criminal act that threatens the safety and financial security of victims. It criminalizes threats that lead to unlawful gains through fear, ensuring that perpetrators are held accountable through appropriate penalties. The provision balances both the protection of victims and the deterrence of potential offenders.
For further details on the legal implications of extortion, check out ApniLaw.
