IPC Section 388: Extortion by Threat of Criminal Accusation - BNS Section 308(7)

Section 388 of the Indian Penal Code, 1860 dealt with extortion committed by threatening to accuse a person of a serious criminal offence. For offences committed on or after 1 July 2024, the corresponding provision is Section 308(7) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

What did Section 388 IPC provide?

Section 388 punished a person who committed extortion by putting another person in fear of an accusation that the person, or someone else, had committed or attempted an offence punishable with death, imprisonment for life or imprisonment for a term extending to ten years. It also covered threats to accuse someone of attempting to induce another person to commit such an offence.

The punishment under IPC Section 388 was imprisonment of either description for up to ten years and a fine. The former provision additionally allowed imprisonment for life where the threatened accusation related to an offence punishable under the former IPC Section 377. This additional IPC-specific clause is not retained in the wording of BNS Section 308(7).

Current provision: BNS Section 308(7)

Section 308(7) of the BNS addresses completed extortion through fear of accusation of an offence punishable with death, life imprisonment or imprisonment extending to ten years, including the specified threat concerning inducement of another person to commit such an offence. It prescribes imprisonment of either description for a term up to ten years and a fine.

Under Section 308(1), extortion requires intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security, or a signed or sealed item convertible into valuable security. Therefore, a threat alone does not necessarily establish completed extortion under Section 308(7).

Essential ingredients of the offence

1. The accused puts another person in fear of an accusation against that person or someone else.
2. The threatened accusation concerns a qualifying serious offence or the specified attempt to induce its commission.
3. The fear is used dishonestly to induce delivery of property, valuable security or a qualifying signed or sealed document.
4. The delivery takes place because of the fear, completing extortion.

Punishment and procedural classification

These procedural classifications are drawn from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for BNS Section 308(7). Other subsections of Section 308 may have different classifications.

Difference between BNS Sections 308(6) and 308(7)

Section 308(6) deals with putting or attempting to put a person in fear of a qualifying criminal accusation in order to commit extortion. Section 308(7) addresses completed extortion by means of that fear. This distinction is important when determining which offence the evidence supports.

Illustrative example

A threatens to falsely accuse B of a serious offence punishable with imprisonment for life unless B transfers money to A. If B transfers the money because of the threat and the statutory requirements are satisfied, the conduct may constitute extortion under BNS Section 308(7). If no transfer occurs, the facts may instead require consideration under Section 308(6) or other applicable provisions.

Frequently asked questions

Is IPC Section 388 still in force?

The IPC has been replaced for offences committed from 1 July 2024. IPC Section 388 can remain relevant to earlier conduct under applicable saving provisions.

What is the corresponding BNS section?

BNS Section 308(7) corresponds to IPC Section 388.

Is an offence under BNS Section 308(7) bailable?

Yes. The BNSS First Schedule classifies this specific offence as cognizable and bailable, triable by a Magistrate of the first class.

Can a mere threat amount to completed extortion?

Not by itself. Completed extortion requires the dishonest inducement and delivery contemplated by Section 308(1). Threats without delivery may fall under a different subsection, depending on the facts.

Official legal references

• Bharatiya Nyaya Sanhita, 2023 - official India Code text
• National Crime Records Bureau - IPC to BNS correspondence table
• NCRB - BNSS First Schedule offence classification

General legal information only. The applicable provisions and procedure depend on the date and facts of the alleged offence.