Section 383 IPC: Extortion - Meaning, Illustrations and Section 308 BNS

What is extortion under Section 383 IPC?

The statutory definition covers a person who intentionally puts another person in fear of injury to that person or anyone else, and thereby dishonestly induces that frightened person to deliver property, valuable security, or anything signed or sealed that can be converted into valuable security.

This definition is substantially carried forward in Section 308(1) BNS. The recipient of the property need not be the person making the threat; the delivery can be induced to any person.

Meaning of injury: Injury in criminal law includes harm illegally caused to a person in body, mind, reputation or property, subject to the relevant statutory definition and context. A threat to reputation or property can therefore be relevant, not only a threat of physical violence.

Valuable security: A document that creates, extends, transfers, restricts, extinguishes or releases a legal right, or acknowledges legal liability or the absence of a legal right, may amount to valuable security under the statutory definition.

Essential ingredients of extortion

1. The accused intentionally creates fear of injury to a person or to another person.
2. The fear is used to induce the victim to act.
3. The inducement is dishonest, involving wrongful gain or wrongful loss as legally defined.
4. The victim consequently delivers property, valuable security, or a signed or sealed item capable of becoming valuable security.
5. The necessary causal link exists between the fear and the delivery.

A demand or threat without the required delivery may not establish completed extortion under the general definition, but may fall under a separate provision concerning putting or attempting to put a person in fear in order to commit extortion, depending on the facts.

Four statutory illustrations under Section 383 IPC

The original IPC provision contains four illustrations. They remain useful for explaining the corresponding definition under Section 308(1) BNS.

1. Threat of defamatory publication: A threatens to publish a defamatory libel concerning Z unless Z pays money. Z pays because of the threat. A commits extortion.
2. Threat concerning a child: A threatens to keep Z's child wrongfully confined unless Z signs and delivers a promissory note. Z signs and delivers the note. A commits extortion.
3. Threat to destroy crops: A threatens to send persons to plough up Z's field unless Z signs and delivers to B a bond requiring delivery of produce. Z signs and delivers the bond. A commits extortion.
4. Signed blank paper: A puts Z in fear of grievous hurt and dishonestly induces Z to sign or seal a blank paper and hand it over. Because the paper can be converted into valuable security, A commits extortion.

Additional BNS illustration: electronic threats

Section 308(1) BNS adds an illustration involving a threat sent through an electronic device: a person falsely or otherwise threatens that the victim's child will be killed unless money is sent, and thereby induces payment. The example shows that extortion can occur through electronic communications.

Punishment under Section 308 BNS and earlier IPC provisions

The general punishment for completed extortion is now found in Section 308(2) BNS, which provides imprisonment of either description for up to seven years, or fine, or both. Earlier, Section 384 IPC provided imprisonment up to three years, or fine, or both.

Exact punishment depends on the particular subsection and facts. The table summarises statutory maximum imprisonment; consult the legislation for complete wording.

Is extortion cognizable and bailable?

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 308(2) BNS is cognizable and non-bailable, and triable by a Magistrate of the first class. Classification differs for other subsections: for example, Section 308(3) is classified as bailable. Non-bailable does not mean that bail is legally impossible; it means bail is subject to the applicable judicial rules rather than an automatic entitlement.

How to report suspected extortion

A complaint can be made to the police with the threatening messages, call records, payment evidence, relevant documents and witness details. Where the legal requirements for recording information about a cognizable offence are met, the FIR process is governed by the BNSS. For related practical information, see the existing guide on how to register an FIR and options if police do not register an FIR.

Difference between extortion, theft and robbery

Theft generally involves dishonest moving of movable property out of another's possession without consent. Extortion involves dishonest delivery induced by fear of injury. Robbery may arise from aggravated theft or extortion meeting the additional conditions in Section 309 BNS, including immediate fear and delivery then and there in the case of extortion-based robbery.

Frequently asked questions

Official statutory references

Read the BNS text hosted by the National Crime Records Bureau, the BNSS First Schedule, and the official IPC-to-BNS correspondence table. A copy of the BNS is also available through the India Code statutory PDF.