BNS Section 308

Bharatiya Nyaya Sanhita

Extortion

Section 308 of the Bharatiya Nyaya Sanhita (BNS) deals with extortion.

(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 sings 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 signs 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.

Example:
Vijay calls Rakesh, and threatens to have him killed if Rakesh does not deliver 500 grams of gold to Vijay's residence. Fearing for his life Rakesh does as told. Vijay is guilty of the offence under this Section.

641+ Lawyers are online

Connect with a criminal lawyer in one minute

Key Points:
Extortion Defined:
Extortion is the act of intentionally placing someone in fear of harm or injury in order to dishonestly induce them to surrender property, valuable security, or anything that can be converted into valuable security.
The person committing extortion must use fear as a tool to make the victim part with their belongings or assets.

Key Elements of Extortion:
Fear of Injury:
The offender must cause fear of injury to the victim or any other person (for example, a family member).
Injury in this context could refer to physical harm, mental harm, reputational damage, or any other form of harm.
Dishonest Intent:
The intent behind extortion must be dishonest. The offender's purpose is to unlawfully acquire property or valuable security from the victim.
Inducement:
The person committing extortion must induce the victim into surrendering property or valuable security as a direct result of the fear of injury.
Delivery of Property or Security:
Extortion is not complete unless the victim, under the fear of injury, delivers property, valuable security, or a signed/sealed document that can be turned into valuable security.
Property could include tangible assets (money, goods) or intangible assets like documents that have value.

Injury and Fear:
The injury doesn’t need to be physical alone; it can also involve mental anguish, reputation damage, or even financial harm.
Fear of injury can be related to the person being extorted or any other person, such as a family member or friend. The scope of harm is therefore wide and encompasses various forms of intimidation.
The victim must feel that the threat is credible and immediate for them to act out of fear.

Valuable Security:
Valuable security refers to any document or instrument that has monetary or legal value. This includes bonds, promissory notes, checks, or any signed or sealed document that can be converted into an asset.
The dishonest inducement could be aimed at obtaining either property or these valuable securities.

Intentional and Dishonest Nature of the Act:
The offender’s actions must be intentional. They must knowingly create fear to get the victim to comply with their demands.
The underlying intent of the offender is to act dishonestly, which means they are fully aware that their actions are unlawful and morally wrong.

Offence : Extortion.

Punishment : Imprisonment for 7 years, or fine, or both.