Indian Criminal Law | IPC and BNS
Section 385 IPC: Putting a Person in Fear of Injury to Commit Extortion
Meaning, punishment, ingredients and the corresponding provision under Section 308(3) of the Bharatiya Nyaya Sanhita, 2023.
Section 385 of the Indian Penal Code, 1860
The original provision stated:
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.
Section 385 IPC is relevant to offences governed by the earlier law, subject to the applicable repeal, savings and transitional provisions. For conduct governed by the new criminal law, consult Section 308(3) BNS.
Section 308(3) BNS: Current Corresponding Law
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Section 308 addresses extortion, and subsection (3) deals with putting or attempting to put a person in fear of injury in order to commit extortion. It provides imprisonment of either description for a term extending to two years, or fine, or both.
Under Section 308(1) BNS, extortion generally involves intentionally placing a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security or a signed or sealed thing capable of conversion into valuable security. For the subsection (3) offence, completed delivery is not required.
Essential Ingredients of the Offence
- The accused puts another person in fear of injury or attempts to do so.
- The conduct is undertaken for the purpose of committing extortion.
- The feared injury may concern the person threatened or another person, depending on the circumstances and the statutory definition of extortion.
- Actual transfer of money or property is not essential for this particular offence.
Injury: Under the statutory criminal-law definition, injury includes harm illegally caused to a person in body, mind, reputation or property. Whether a particular statement amounts to the required threat and intent depends on evidence and context.
Punishment and Related Provisions
| Provision | Subject | Punishment |
|---|---|---|
| IPC Section 385 | Fear or attempted fear of injury for extortion | Up to 2 years, or fine, or both |
| BNS Section 308(3) | Corresponding offence under current law | Up to 2 years, or fine, or both |
| IPC Section 384 | Completed extortion under earlier law | Up to 3 years, or fine, or both |
| BNS Section 308(2) | Completed extortion under current law | Up to 7 years, or fine, or both |
Practical Examples
Example 1: A threatens to damage B's shop unless B pays money. Even if B refuses to pay, the threat may fall within Section 308(3) BNS if the requisite intention and other elements are proved.
Example 2: A sends messages threatening to publish false allegations about B unless B transfers money. The conduct may amount to putting B in fear of injury to reputation for extortion, depending on the evidence.
Example 3: A demands payment for a genuine debt without unlawful threats. A mere lawful demand does not automatically constitute extortion; the unlawful fear and required dishonest purpose must be established.
Complaint, Investigation and Bail
Procedural questions, including whether police may register and investigate a case without a magistrate's order, depend on the classification of the precise offence in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, and on any other sections invoked. Bail must be assessed using the applicable statutory classification and case-specific facts. A complainant should preserve threatening messages, call records and payment demands, and may approach the police or obtain legal advice.
For practical guidance, read how to register an FIR and options when police do not register a complaint.
Frequently Asked Questions
What is Section 385 IPC?
Section 385 IPC punished putting, or attempting to put, a person in fear of injury in order to commit extortion.
What is the corresponding BNS provision?
Section 308(3) of the Bharatiya Nyaya Sanhita, 2023 addresses putting or attempting to put a person in fear of injury for extortion.
What is the punishment?
Section 385 IPC and Section 308(3) BNS provide imprisonment of either description up to two years, or fine, or both.
Must the victim hand over property?
No. Putting or attempting to put a person in fear of injury with the object of committing extortion is covered even if no property is delivered. Completed extortion is dealt with separately.
Official Statutory Sources
Read the Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) and consult India Code for the statutory text, amendments and relevant legislation.
This article provides general legal information and is not a substitute for advice on the facts of a particular case.