Extortion
Section 308 of the Bharatiya Nyaya Sanhita, 2023 deals with extortion. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits ext The Act came into force on 01 Jul 2024.
(1) Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.
Illustrations.
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
(e) A threatens Z by sending a message through an electronic device that "Your child is in my possession, and will be put to death unless you send me one lakh rupees." A thus induces Z to give him money. A has committed extortion.
(2) Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(3) 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.
(4) Whoever, in order to the committing of extortion, puts or attempts to put 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 seven years, and shall also be liable to fine.
(5) 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.
(6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(7) Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 308, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 383 Extortion Text carried over almost unchanged 87%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 6 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Extortion. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Putting or attempting to put in fear of injury, in order to commit extortion. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Extortion by putting a person in fear of death or grievous hurt. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion. | Imprisonment for 10 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years. | Imprisonment for 10 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vikas Rajput vs State of Maharashtra
Court's Decision & Legal Precedent
The Magistrate is not bound by the analytical conclusions or the final choice of sections made by the investigating officer in a charge sheet. Under the scheme of criminal procedure, the Magistrate must apply an independent judicial mind to the threshold materials, facts, and evidence gathered during the investigation to decide whether to take cognizance of non-bailable offences even if dropped by the police.
On this section: Extortion under fear of injury or accusation.
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Dnyaneshwar Sitaram Karale vs State Of Mah.
Decided under Indian Penal Code 383, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a person intentionally puts another person in fear of injury to reputation through threat of publishing defamatory content and dishonestly induces that person to deliver money or valuable security, the offense of extortion under Section 385 IPC is constituted. The term 'injury' in Section 383 IPC extends to injury to reputation and mind, not merely physical injury. The offense is complete even if the property is not actually transferred, as Section 385 applies to attempt to commit extortion. Defects in charge regarding non-specification of exact date and time do not vitiate conviction if they do not cause prejudice to the accused. Delay in lodging FIR is not fatal if it is explained and unavoidable. The misuse of press freedom and RTI Act to blackmail public servants is a serious antisocial offense that undermines democracy and the ability of public servants to discharge their duties.
On this section: Definition of extortion - intentionally putting person in fear of injury and dishonestly inducing delivery of property or valuable security
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Suman M.patil vs The Bombay Mun.corpn. and Anr.
Decided under Indian Penal Code 383, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An employee who abandons duties following a transfer order and remains continuously absent for more than five years, despite multiple recall notices and opportunities to resume work, cannot challenge the termination of service on grounds of alleged harassment if she fails to provide satisfactory explanation for her absence and non-compliance with recall orders. The employer's provision of multiple opportunities to resume duties, including a final opportunity with specific deadline, constitutes adequate procedural fairness, and the termination is justified under the applicable service rules.
On this section: Cited in context of theft charges against the petitioner; petitioner contended she was falsely implicated under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 308
What have the courts held on Section 308 of the Bharatiya Nyaya Sanhita?
Vikas Rajput vs State of Maharashtra (16 Dec 2025) is the leading judgment on this section among those set out below: Extortion under fear of injury or accusation. Another 2 judgments on this section are set out below. They run from 2009 to 2025.
Is Section 308 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, on a first conviction, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. This section is classified 6 ways; all of them are set out on this page.
Is Section 308 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 308 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 308, section 308 BNS, section 308 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 308(2) in hindi and bns 308(5) in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Vikas Rajput vs State of Maharashtra (16 Dec 2025).
What should I read with Section 308 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 383 (Extortion), so the judgments decided under that provision are the case law on this one.
When did Section 308 of the Bharatiya Nyaya Sanhita come into force?
Section 308 of the Bharatiya Nyaya Sanhita, cited as BNS 308, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.