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IPC Section 388 - Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc


Last Updated: 01 Mar, 2026
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 388 has been replaced with BNS Section 308 with effect from July 1, 2024.
(IPC section is included as a sub-section in BNS sans heading. Words “and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life” are removed as the section 377 IPC has been excluded altogether.)

Please refer to BNS 308 for updated procedures & punishments.

Table of Contents
  1. IPC 388 in Simple Words
  2. IPC Section 388 related FAQs
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 shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;

and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life.



IPC 388 in Simple Words

According to section 388 of the Indian Penal Code, if someone commits extortion by putting another person in fear of false accusations related to serious crimes, they can be punished with imprisonment up to ten years, and if the offense is under section 377, they may be punished with life imprisonment.


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Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc

Offence : Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 Years.


Punishment : 10 Years + Fine.


Cognizance : Cognizable


Bail : Bailable


Triable : Magistrate First Class



Offence : If the offence threatened be an unnatural offence


Punishment : Imprisonment for Life


Cognizance : Cognizable


Bail : Bailable


Triable : Magistrate First Class



Get the full list of all sections in the Indian Penal Code (IPC) here. Our comprehensive guide offers detailed information and analysis on every IPC Section to enhance your legal knowledge.




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Frequently Asked Questions


What is Section 388 of IPC?

IPC Section 388: Threatening to accuse someone of a crime punishable by death or life imprisonment, etc.


What is the case law 388?

What is case law 388?


What is Section 389 of the IPC?

Extortion is committed by putting a person on edge about being accused of committing an offense punishable by death, life imprisonment, or 10 years imprisonment.


Is IPC 338 bailable?

This section is bailable, cognizable and compoundable.