Putting person in fear or accusation of offence, in order to commit extortion
Section 389 of the Indian Penal Code, 1860 deals with putting person in fear or accusation of offence, in order to commit extortion. Putting person in fear or accusation of offence, in order to commit extortion.--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 dea 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Putting person in fear or accusation of offence, in order to
commit extortion.--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; and, if the offence be punishable under section 377 of this Code, may be punished with [imprisonment for life].
Of robbery and dacoity
Section 389, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 308 Extortion Close, with changes 70%
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 The repealed enactment still governs what happened while it was in force.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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Gangadhara Shastry vs State by Honnavara Police Station
Court's Decision & Legal Precedent
Proceedings against supplementary accused under Section 319 CrPC require more than prima facie case but short of conviction-level satisfaction. Mere professional advice by advocates or astrologers, family relationships, or general allegations of conspiracy without direct evidence of participation in the alleged extortion scheme do not constitute sufficient grounds to proceed against supplementary accused. Proceeding against such accused amounts to abuse of process of court and warrants quashing of proceedings under Section 482 CrPC. However, if during trial evidence surfaces against them meeting the Section 319 CrPC threshold, trial court may summon them.
On this section: Putting person in fear of injury to commit extortion
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Ram Nandan Prasad @ Lakhan Lal vs State of Bihar& ANR.
Court's Decision & Legal Precedent
The High Court will not quash a cognizance order at the stage of petition when the police has already submitted a chargesheet after investigation and the Magistrate has taken cognizance based on prima facie case for offences under extortion provisions of the Indian Penal Code, unless there are compelling reasons to do so or the documents placed on record clearly demonstrate absence of any criminal case.
On this section: Punishment for extortion - Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Brief facts of the case giving rise to this review petition now need to be noted:- 2.1 The review petitioner lodged the First Information Report No.39/2016 in Police Station, Mangol Puri, Delhi under Section 389/34 Indian Penal Code, in which respondent Nos.1 to 5 to this review petition Digitally signed by MEENAKSHI KOHLI Date: 2021.01.28 17:07:25 IST Signature Not Verified were made accused. The Invesigating Officer after completing investigation submitted a charge sheet against all the accused. - 2.2 The learned …
Questions about Section 389
What have the courts held on Section 389 of the Indian Penal Code?
Gangadhara Shastry vs State by Honnavara Police Station (01 Feb 2019) is the leading judgment on this section among those set out below: Putting person in fear of injury to commit extortion. Another 1 judgment on this section is set out below. They run from 2010 to 2019.
How do I find court cases under Section 389 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 389, section 389 IPC, section 389 of the Indian Penal Code. People searching for it also type ipc 389 in bns and ipc 389 punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Gangadhara Shastry vs State by Honnavara Police Station (01 Feb 2019).
What should I read with Section 389 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 389 of the Indian Penal Code come into force?
Section 389 of the Indian Penal Code, cited as IPC 389, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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