● Modified in BNS
Extortion -- putting someone in fear of injury to dishonestly induce delivery of property -- now carries up to 7 years' imprisonment under BNS Section 308(2), more than double the 3-year ceiling under IPC 384. It is a non-bailable, cognizable offence tried before a Magistrate of the First Class.
Section 383 IPC defined extortion as intentionally putting a person in fear of injury and thereby dishonestly inducing them to deliver property or valuable security. Section 384 punished this with imprisonment of either description up to 3 years, or fine, or both.
BNS Section 308(1) reproduces the definition, adding an illustration covering extortion by threatening electronic message. Section 308(2) is the material change: the maximum imprisonment more than doubles, from 3 years to 7 years.
The maximum punishment for basic extortion rises sharply, from 3 to 7 years' imprisonment -- one of the more significant sentencing increases in the BNS. The definition itself is essentially unchanged apart from a new illustration covering digital extortion.
Imprisonment of either description up to 7 years (up from 3 years under the IPC), or fine, or both..
IPC 384 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 384 are tried before the Magistrate of the First Class..
Common defences include absence of any threat or inducement of fear, the property being handed over voluntarily rather than under compulsion, and a genuine, lawfully-owed debt or claim rather than a dishonest demand.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons