IPC Section 389: Threat of Criminal Accusation to Commit Extortion - BNS Section 308(6)
Section 389 of the Indian Penal Code, 1860 dealt with putting, or attempting to put, a person in fear of a serious criminal accusation in order to commit extortion. For conduct governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 308(6).
What did IPC Section 389 provide?
Under the former IPC provision, a person committed the offence if, for the purpose of extortion, the person put or attempted to put someone in fear that the person or another would be accused of committing or attempting an offence punishable with death, life imprisonment, or imprisonment extending to ten years.
The punishment was imprisonment of either description for up to ten years and a fine. The former provision additionally permitted life imprisonment where the threatened accusation related to an offence punishable under the former IPC Section 377. This last clause is a feature of the historical IPC text, not the current BNS Section 308(6).
Current law: BNS Section 308(6)
Section 308(6) of the Bharatiya Nyaya Sanhita, 2023 punishes putting or attempting to put any person in fear of an accusation against that person or another of having committed or attempted to commit an offence punishable with death, imprisonment for life, or imprisonment for a term extending to ten years, when done in order to commit extortion.
Punishment: Imprisonment of either description for up to ten years, and liability to a fine.
Essential ingredients of the offence
- The accused put, or attempted to put, another person in fear of a criminal accusation.
- The feared accusation concerned the victim or another person.
- The alleged offence was of the specified serious category: punishable with death, life imprisonment or imprisonment extending to ten years.
- The threat was made with the purpose of committing extortion.
Actual payment or delivery of property is not essential for liability under Section 308(6). The attempt to create the specified fear, coupled with the extortionate purpose, can be sufficient. Whether an offence is proved depends on the evidence and the statutory elements.
Meaning of extortion under Section 308(1)
Under BNS Section 308(1), extortion involves intentionally putting a person in fear of injury to that person or another and thereby dishonestly inducing delivery of property, valuable security or something signed or sealed that can be converted into valuable security. The distinction matters because Section 308(6) specifically addresses the fear or attempted fear of a grave criminal accusation in order to commit extortion, while Section 308(7) addresses completed extortion through such fear.
Illustrative example
A tells B that unless B pays a substantial sum, A will falsely accuse B's relative of a grave offence punishable with life imprisonment. If A makes this threat with the object of extorting money, the conduct may fall within BNS Section 308(6), even if B refuses to pay. If the fear dishonestly induces delivery of money, Section 308(7) may become relevant. These are illustrative applications; the legal outcome depends on the facts.
IPC Section 389 and BNS Section 308(6): comparison
| Issue | IPC Section 389 (historical) | BNS Section 308(6) (current) |
|---|---|---|
| Conduct | Fear or attempted fear of serious criminal accusation to commit extortion | Substantially corresponding conduct |
| Maximum ordinary imprisonment | Ten years | Ten years |
| Fine | Also liable to fine | Also liable to fine |
| Former IPC Section 377-specific enhancement | Life imprisonment could apply in the specified case | No equivalent special clause in Section 308(6) |
Difference between BNS Sections 308(6) and 308(7)
Section 308(6) concerns putting or attempting to put a person in fear of a qualifying accusation with the purpose of extortion. Section 308(7) concerns committing extortion by putting a person in fear of a qualifying accusation, and also covers the additional statutory category of an accusation of attempting to induce another person to commit such an offence. Both carry imprisonment up to ten years and a fine.
Procedure and evidence
The applicable procedure is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to transitional provisions. Threatening messages, call records, payment demands, witness accounts and other admissible evidence may be relevant. Classification and court jurisdiction should be checked against the current First Schedule to the BNSS and any applicable amendments.
Frequently asked questions
Is IPC Section 389 still applicable in India?
For new conduct from 1 July 2024, BNS Section 308(6) is the corresponding provision. The former IPC provision may still be relevant to earlier conduct under savings rules.
What is the punishment under BNS Section 308(6)?
Imprisonment of either description for a term extending to ten years, along with liability to a fine.
Is it necessary for the victim to pay money?
No. Section 308(6) expressly covers putting or attempting to put a person in fear for the purpose of extortion, even without completed delivery.
Does the BNS retain the old IPC Section 377 life-imprisonment proviso?
No. The text of BNS Section 308(6) does not include that historical proviso.
Official legislation and further reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
- India Code - official legislative repository
- Bureau of Police Research and Development - BNS reference
This article provides general legal information, not case-specific legal advice. Consult the current statutory text and relevant judicial decisions before relying on a provision in proceedings.