Section 384 IPC: Punishment for Extortion and Section 308 BNS
Section 384 of the Indian Penal Code, 1860 prescribed punishment for extortion. For offences committed under the new criminal-law framework effective from 1 July 2024, the corresponding punishment is found in Section 308(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What does Section 384 IPC provide?
The text of Section 384 of the Indian Penal Code, 1860 states:
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
"Imprisonment of either description" means that the sentence may be rigorous or simple imprisonment, as permitted by the relevant law. Section 384 prescribed punishment; the definition of extortion was contained in Section 383 IPC.
What is extortion? Definition under Section 383 IPC and Section 308(1) BNS
Extortion involves intentionally putting a person in fear of injury to that person or another, and thereby dishonestly inducing the person in fear to deliver property, valuable security, or something signed or sealed that may be converted into valuable security, to any person. Section 308(1) BNS carries forward this core definition.
Injury is legally broader than physical harm: it can encompass unlawful harm to body, mind, reputation or property, depending on the facts and the applicable statutory definition. Valuable security refers to a document that creates, extends, transfers, restricts, extinguishes or releases a legal right, or acknowledges legal liability or the absence of a legal right.
Essential ingredients of extortion
- The accused intentionally placed another person in fear of injury to that person or someone else.
- The accused acted dishonestly and used that fear to induce delivery.
- The victim delivered property, valuable security, or a qualifying signed or sealed item because of the induced fear.
- The circumstances establish the necessary causal connection between the threat and the delivery.
A threat alone does not automatically establish completed extortion. Depending on the circumstances, putting a person in fear of injury in order to commit extortion may fall under a separate provision, including Section 308(3) BNS (formerly Section 385 IPC).
Punishment: IPC Section 384 compared with BNS Section 308(2)
| Issue | IPC Section 384 | BNS Section 308(2) |
|---|---|---|
| Offence | Completed extortion | Completed extortion |
| Maximum imprisonment | Up to 3 years | Up to 7 years |
| Nature of imprisonment | Either description | Either description |
| Fine | Fine, or imprisonment, or both | Fine, or imprisonment, or both |
| General temporal application | Relevant to offences before 1 July 2024, subject to savings | Relevant to offences from 1 July 2024 |
Examples illustrating extortion
Example 1: A threatens to circulate defamatory material about Z unless Z pays money. If Z pays because of the threat and the other elements are proved, the conduct may amount to extortion.
Example 2: A threatens to wrongfully confine Z's child unless Z signs and delivers a promissory note. If Z signs and delivers the note because of the threat, the offence may be established.
Example 3: A threatens unlawful harm to Z's property unless Z signs and delivers a bond to another person. The fact that the bond is delivered to a third party does not necessarily prevent extortion.
Example 4: A threatens grievous hurt to obtain Z's signature on a blank paper capable of conversion into valuable security. Such delivery may satisfy the property or security element.
Is extortion cognizable and bailable?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence of extortion under Section 308(2) BNS is cognizable and non-bailable, and is triable by a Magistrate of the First Class. "Cognizable" means police may investigate in accordance with the statutory framework without first obtaining a Magistrate's order; "non-bailable" does not mean bail is automatically barred, but that bail is subject to judicial discretion and applicable conditions.
Procedures for registration of information about cognizable offences are governed by Section 173 BNSS. The facts and allegations determine the precise provisions that may apply.
Related extortion provisions
Sections 385 to 389 IPC addressed threats made to commit extortion and aggravated forms of extortion, including threats of death, grievous hurt, or accusations of serious offences. Under the BNS these matters are principally addressed through different subsections of Section 308. The particular subsection and punishment depend on the alleged conduct and proof.
Frequently asked questions
What is the punishment under Section 384 IPC?
Imprisonment of either description up to three years, or fine, or both, for offences governed by the IPC.
What is the new BNS section for punishment of extortion?
Section 308(2) BNS provides imprisonment of either description up to seven years, or fine, or both.
Is a mere threat enough for completed extortion?
Not necessarily. Completed extortion generally requires dishonest inducement and delivery of the specified property or security because of the fear. Separate provisions may cover threats intended to commit extortion.
Can bail be granted in an extortion case?
Yes, bail may be granted when legal requirements are satisfied, although Section 308(2) BNS is classified as non-bailable. The court considers the applicable law and case circumstances.
Official statutory sources
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - India Code
- India Code - official central legislation database
- Ministry of Home Affairs - criminal law notifications and updates
This article provides general legal information and is not a substitute for advice on specific facts. Statutory amendments, notifications and judicial decisions should be checked when applying the law.