Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc
Section 388 of the Indian Penal Code, 1860 deals with extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. 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 attemp The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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
shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with [imprisonment for life].
Section 388, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 308 Extortion Close, with changes 74%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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Shahana Parveen vs State
Court's Decision & Legal Precedent
A woman accused of extortion and criminal intimidation is entitled to regular bail when: (1) the evidence against her consists primarily of contradictory statements of the complainant; (2) the case falls within the Arnesh Kumar guidelines suggesting procedural defects in arrest; (3) the trial is expected to take considerable time; (4) she has no prior convictions; (5) she is entitled to the statutory concession for women under Section 437(1) Proviso of Cr.P.C.; and (6) the nature of offences and circumstances do not warrant continued detention.
On this section: Original charge of extortion - later replaced with Section 387 IPC after recording complainant's statement under Section 164 Cr.P.C.
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 388
What have the courts held on Section 388 of the Indian Penal Code?
Shahana Parveen vs State (17 Oct 2022) is the leading judgment on this section among those set out below: Original charge of extortion - later replaced with Section 387 IPC after recording complainant's statement under Section 164 Cr.P.C.
How do I find court cases under Section 388 of the Indian Penal Code?
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: IPC 388, section 388 IPC, section 388 of the Indian Penal Code. People searching for it also type ipc 388 cartridge and ipc 388 is bailable or not. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shahana Parveen vs State (17 Oct 2022).
What should I read with Section 388 of the Indian Penal Code, and has it changed?
Its own text turns on section 377 (Unnatural offences), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNS 308 (Extortion), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 388 of the Indian Penal Code come into force?
Section 388 of the Indian Penal Code, cited as IPC 388, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.