IPC Section 386: Extortion by Putting a Person in Fear of Death or Grievous Hurt
Section 386 of the Indian Penal Code, 1860 concerns extortion committed by placing someone in fear of death or grievous hurt. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 308(5).
Text of Section 386 of the Indian Penal Code
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.
Meaning and essential ingredients
Extortion under IPC Section 383 involves intentionally placing a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security or a signed or sealed item capable of being converted into valuable security. Under Section 386, the fear used to obtain that delivery must concern death or grievous hurt to the victim or another person.
- The accused intentionally creates fear of death or grievous hurt to a person or someone else.
- The fear is used to dishonestly induce the person to deliver property, valuable security or a qualifying signed or sealed item.
- The required delivery takes place because of that fear. Mere threats without the required delivery may instead engage the distinct provision dealing with putting a person in fear in order to commit extortion.
What is grievous hurt?
Grievous hurt is a defined legal category covering specified serious injuries, rather than every painful injury. IPC Section 320 sets out the traditional categories, including permanent loss of sight or hearing, fracture or dislocation of a bone or tooth, and other listed serious harms. The corresponding BNS definition is in Section 116.
Corresponding law: BNS Section 308(5)
Section 308 of the Bharatiya Nyaya Sanhita, 2023 deals with extortion. Section 308(5) addresses extortion committed by putting a person in fear of death or grievous hurt to that person or another. It provides imprisonment of either description for a term extending to ten years and liability to fine.
| Earlier provision | IPC Section 386: Extortion by fear of death or grievous hurt |
|---|---|
| Current corresponding provision | BNS Section 308(5) |
| Maximum punishment | Imprisonment up to 10 years and fine |
| Related distinction | IPC Section 387 / BNS Section 308(4) concerns putting a person in fear, or attempting to do so, in order to commit extortion, even where completed extortion is not established. |
Illustrative example
A threatens to cause serious injury to B's family member unless B transfers money. If the threat creates the relevant fear and dishonestly induces B to transfer the money, the facts may constitute extortion by fear of death or grievous hurt. The precise charge depends on the evidence and the statutory elements proved.
Complaint, investigation and bail
A person facing such threats may approach the police and preserve messages, call records, payment evidence and other relevant material. For incidents governed by the BNS, investigation and criminal procedure are generally governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), subject to transitional provisions. Classification of the offence, bail and the competent court should be assessed against the applicable First Schedule and case circumstances; bail is not automatic.
Frequently asked questions
What punishment does IPC Section 386 prescribe?
Imprisonment of either description for up to ten years, along with liability to a fine.
Which BNS section corresponds to IPC Section 386?
BNS Section 308(5) addresses completed extortion through fear of death or grievous hurt.
How is Section 386 different from Section 387 IPC?
Section 386 concerns completed extortion involving the specified fear. Section 387 addresses putting, or attempting to put, a person in such fear in order to commit extortion.
Official legislation and reference sources
Consult the authoritative statutory text and amendments through India Code, the Ministry of Home Affairs, and the e-Gazette of India. These are research links in the article body, not navigation menu items.
This article provides general legal information, not advice on a particular case. Statutory amendments, commencement and transitional provisions should be verified against official texts.