IPC Section 387 and BNS Section 308(4): Threatening Death or Grievous Hurt to Commit Extortion

Section 387 of the Indian Penal Code, 1860 punished putting, or attempting to put, a person in fear of death or grievous hurt in order to commit extortion. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 308(4).

Meaning and ingredients of the offence

The prosecution must establish that the accused, with the object of committing extortion, put or attempted to put someone in fear of death or grievous hurt, whether to that person or to another. Actual delivery of money or property is not required for this particular offence: the prohibited intimidation or attempt, coupled with the extortion objective, is central.

Extortion is defined in Section 308(1) BNS as intentionally causing fear of injury and thereby dishonestly inducing delivery of property, valuable security or a signed or sealed item capable of conversion into valuable security. Grievous hurt is a legally defined category of serious bodily injury under Section 116 BNS (formerly Section 320 IPC); it is not synonymous with every minor injury.

Section 387 IPC: original statutory provision

Under Section 387 IPC, whoever, for the purpose of committing extortion, puts or attempts to put any person in fear of death or grievous hurt to that person or another is punishable with imprisonment of either description for up to seven years and is also liable to fine.

Present law: Section 308(4) of the BNS

Section 308(4) BNS retains the substance of the former Section 387 IPC: putting or attempting to put a person in fear of death or grievous hurt, to that person or another, for the purpose of extortion attracts imprisonment of either description up to seven years and fine.

The classifications above follow the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Non-bailable does not mean that bail is prohibited; it means bail is not automatic as of right.

Difference between Section 308(4) and Section 308(5) BNS

Section 308(4) deals with putting or attempting to put a person in fear of death or grievous hurt for the purpose of extortion, even without completed delivery. Section 308(5), corresponding to former IPC Section 386, deals with completed extortion by such fear and provides imprisonment up to ten years and fine. The distinction depends on whether the statutory ingredients of completed extortion, including induced delivery, are proved.

Illustrative example

A sends B a message threatening to kill B or seriously injure B's family member unless B pays a demanded sum. Even if B refuses to pay, the conduct may attract Section 308(4) BNS where the required intention and threat are established. If B is dishonestly induced by that fear to deliver the money, Section 308(5) may instead be relevant, depending on the evidence.

Official legal references

• Bharatiya Nyaya Sanhita, 2023 - official Act (India Code PDF)
• Official IPC-to-BNS correspondence table (NCRB)
• Official BNSS First Schedule offence classifications (NCRB)

Frequently asked questions

Is IPC Section 387 still applicable?

It can remain relevant to conduct committed before 1 July 2024, subject to the applicable saving and transitional rules. For conduct governed by the new law, consult BNS Section 308(4).

Is Section 308(4) BNS bailable?

No. It is classified as non-bailable and cognizable, and is triable by a Magistrate of the first class.

Must the victim actually pay money?

No. Section 308(4) covers putting or attempting to put a person in the specified fear for extortion. Completed extortion is separately addressed by Section 308(5).

Legal information only. The applicable offence, procedure and defences depend on the date of occurrence, facts and evidence.