Extortion under Section 308 of the Bharatiya Nyaya Sanhita (BNS), 2023, involves putting a person in fear to dishonestly obtain property or valuable security. It replaces IPC Section 383. Punishment includes imprisonment for up to 7 years and a fine under BNS Section 308(2).
Key Takeaways
- Extortion involves using fear or threats to obtain property, money, or security dishonestly.
- Defined under Section 308 of the Bharatiya Nyaya Sanhita 2023.
- Includes threats of physical harm, death, or reputational damage.
- Punishments range from 7 to 10 years imprisonment and fines.
- Differs from theft and robbery in methods and use of threats.
Extortion is a significant criminal offense recognized under the Bharatiya Nyaya Sanhita (BNS), 2023, which is a comprehensive legal code that replaces the previous Indian Penal Code.
Extortion, as defined in Section 308 of the BNS, involves using threats or fear to compel a person to part with their property, money, or valuable security.
This crime not only violates the victim’s rights but also undermines the security and peace of society.
The act of extortion is punished with varying degrees of severity, depending on the circumstances, making it one of the gravest offenses under the criminal justice system in India.
What is Extortion?
Extortion, under Section 308 of the Bharatiya Nyaya Sanhita, occurs
“when someone intentionally puts another person in fear of injury or harm to that person or another person, and as a result, dishonestly induces them to part with any property, valuable security, or anything signed or sealed that may be converted into a valuable security.”
The act is considered criminal because the victim is compelled to give up something valuable under duress.
The essence of extortion is the wrongful use of force or fear to obtain money or property from a person. Threatening to reveal embarrassing information unless money is paid would qualify as extortion.
Section 308 BNS or Section 308 of Bharatiya Nyaya Sanhita talks about “Extortion.“
Section 308 of BNS is part of CHAPTER XVII OF OFFENCES AGAINST PROPERTY in Bharatiya Nyaya Sanhita 2023 Act
Definition of Section 308 Bharatiya Nyaya Sanhita
- Sub-Section 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 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.
- 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.
- 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.
- 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.
- 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.
- Sub-Section 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.
- Sub-Section 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.
- Sub-Section 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.
- Sub-Section 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.
- Sub-Section 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.
- Sub-Section 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.
Essential Elements of Extortion
To understand extortion thoroughly, one must focus on the key elements that constitute the crime under Section 308 of the BNS, 2023:
- Intentional Use of Fear or Threat: The offender must intentionally instill fear in the victim. The threat can be of physical harm, injury, death, or even damage to one’s reputation or property. The fear can be extended to any person, not just the victim.
- Dishonest Inducement: The act must involve dishonestly inducing the victim to part with something valuable, such as property, money, or valuable security. Dishonesty is a crucial element as it implies that the offender has a wrongful gain or unlawful motive.
- Delivery of Property or Security: For extortion to occur, the victim must deliver the property or security due to the fear induced by the offender. The crime of extortion is complete as soon as the victim parts with the property because of the threat.
- Fear of Injury: The term ‘injury’ under the law is not limited to physical harm. It includes psychological harm, financial loss, or even reputational damage. The threat does not have to be immediate; as long as the victim perceives a risk, extortion can be established.
- Presence of the Offender: In certain cases, especially in instances of robbery, the offender is present when the extortion occurs. However, in general extortion, the offender can be remote, such as by sending threats via a letter or electronic means.
- Connection Between Threat and Property Transfer: There must be a clear connection between the threat made by the offender and the subsequent delivery of the property or security by the victim.
Illustrations from the BNS
The BNS provides several examples to illustrate extortion under Section 308:
- If A threatens to reveal a defamatory statement about Z unless Z pays A money, and Z does so under fear, A has committed extortion.
- If A threatens to cause harm to Z’s child unless Z signs and delivers a promissory note, A has committed extortion.
These illustrations highlight the use of threats or fear to dishonestly obtain property from a person, thereby fulfilling the definition of extortion.
Punishment for Extortion under Section 308
Section 308 of the BNS outlines specific punishments for extortion based on the severity of the crime:
- Basic Punishment: The punishment for committing extortion is imprisonment of either description (rigorous or simple) for up to 7 years, along with a fine. The term ‘either description’ allows the judge to decide the nature of the imprisonment based on the facts of the case.
- Enhanced Punishment: If the extortion involves the fear of death or grievous hurt, the imprisonment may extend to 10 years, and the offender is also liable to a fine. This covers more serious threats where the victim’s life or physical well-being is at risk.
- Extortion Involving Accusations: In cases where extortion involves threatening the victim with accusations of having committed a capital offense or an offense punishable with life imprisonment, the offender can be punished with up to ten years of imprisonment and a fine.
Recent Judgements on Section 308 Extortion of BNS
#1 Kamal Chand Dixit vs. State of U.P.
- Court: High Court of Judicature at Allahabad
- Case Number: Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 9752 of 2024
- Judgment Date: October 4, 2024
- Judge: Hon’ble Vikram D. Chauhan, J.
- Applicant: Kamal Chand Dixit
- Opposite Party: State of Uttar Pradesh
- Counsel for Applicant: Bhanu Prakash Verma
- Counsel for Opposite Party: G.A.
Facts:
The applicant, Kamal Chand Dixit, sought anticipatory bail concerning Case Crime No. 414 of 2024, registered under Sections 191(2), 308(5), 352, and 351(3) of the Bharatiya Nyay Sanhita, 2023, at Police Station Goverdhan, District Mathura. The First Information Report (FIR) alleged that the applicant, along with co-accused individuals, demanded a ransom of ₹10 lakhs from the informant. Notably, no amount was transferred following this demand.
Applicant’s Contentions:
- The applicant argued that, at most, an offense under Section 308(3) of the Bharatiya Nyay Sanhita would be applicable, which is bailable.
- He claimed no involvement with the informant and assured that he would not disturb the informant’s peace.
- The applicant acknowledged his criminal history but contended that the current allegations were false and that he had no connection to the matter.
- He expressed willingness to cooperate with the investigation and assured that he would not misuse the bail if granted.
Opposition’s Contentions:
- The counsel for the informant asserted that the applicant was involved in demanding extortion but conceded that no extortion amount had been paid.
- The Additional Government Advocate (A.G.A.) opposed the bail but did not dispute the factual matrix presented by the applicant.
Court’s Analysis:
- The court observed that the alleged offenses did not impact society at large and arose from individual disputes.
- The nature and gravity of the allegations were not deemed sufficient to deny anticipatory bail.
- The A.G.A. did not present concerns regarding potential tampering with evidence or intimidation of witnesses by the applicant.
- While acknowledging the applicant’s criminal antecedents, the court noted that past criminal history alone is not a sole basis for denying bail, especially in the absence of evidence suggesting misuse of liberty or interference with the judicial process.
Judgement:
- The court granted anticipatory bail to the applicant, subject to the following conditions:
- The applicant must be available for interrogation by the police as required.
- He shall not make any inducement, threat, or promise to any person acquainted with the case facts to dissuade them from disclosing such facts to the court or police.
- The applicant shall not leave India without prior permission from the concerned court.
- Any change in residential address must be communicated in writing to the court concerned and the Investigating Officer.
- The applicant must cooperate with the investigation and be available for interrogation whenever required.
- He shall not obstruct or hamper the police investigation or tamper with the evidence.
- The applicant must maintain law and order.
- At the time of executing the bond, he shall furnish his address and mobile number to the Investigating Officer and the court concerned.
- The applicant shall regularly attend the trial and cooperate with the court to complete the trial for the offenses mentioned.
- Non-appearance of the applicant or his counsel before the court concerned shall be construed as a violation of this order, allowing the court to take coercive measures in accordance with the law.
- The applicant shall not disturb the peace and tranquility of the informant.
The anticipatory bail application was allowed, granting the applicant protection from arrest under the specified conditions.
Read Full Judgement Here
#2 Gordhan Vikram Kumar vs The State of Andhra Pradesh
- Court: High Court of Andhra Pradesh at Amaravati
- Date of Judgment: December 24, 2024
- Judge: Hon’ble Justice Dr. V.R.K. Krupa Sagar
- Case Number: Criminal Petition No. 8991 of 2024
- Petitioner/Accused 3 (A.3): Gordhan Vikram Kumar
- Respondent: The State of Andhra Pradesh
Legal Provisions Involved:
- Sections 308(5), 61(2), 336(3), 340(2), and 318(4) of the BNS
- Section 66-D of the Information Technology Act, 2000-2008
Background:
The petitioner sought regular bail in Crime No. 308 of 2024 registered at Peddapuram Police Station, Kakinada District.
The case pertained to an alleged online fraud where an 82-year-old victim was coerced into transferring ₹1,16,24,382 through 14 transactions between August 18, 2024, and September 9, 2024.
The fraudsters, posing as government officials, threatened the victim with digital arrest, inducing panic and leading to the monetary transfers.
The petitioner was arrested on October 11, 2024, and had been in judicial custody for over 60 days at the time of this petition.
Prosecution’s Allegations:
The petitioner allegedly collaborated with a person named Santosh and others by opening multiple bank accounts.
The ill-gotten money was deposited into these accounts, which the petitioner would withdraw and hand over to the main perpetrators, receiving monetary compensation for his role.
Recovered items from the petitioner included debit and credit cards linked to 11 bank accounts.
Petitioner’s Arguments:
The defense contended that the petitioner was merely assisting others without directly engaging in fraudulent activities.
They argued that, except for Section 308(5) of the BNS, the other charges carried a maximum imprisonment of seven years or less.
Given his 60-day custody period, the petitioner claimed entitlement to bail. Additionally, the defense challenged the applicability of Section 308(5) of the BNS to the petitioner’s actions.
Court’s Analysis:
The court examined Section 308 of the BNS:
- Sub-Section (1): Defines ‘extortion’.
- Sub-Section (2): Prescribes a maximum imprisonment of seven years for extortion.
- Sub-Section (3): Provides up to two years imprisonment if the victim is put in fear of injury.
- Sub-Section (4): Allows up to seven years imprisonment if the victim is put in fear of death or grievous hurt.
- Sub-Section (5): Specifies up to ten years imprisonment for extortion by putting any person in fear of death or grievous hurt.
The court noted that the allegations did not indicate that the petitioner directly instilled fear of death or grievous hurt in the victim.
Therefore, the applicability of Section 308(5) of the BNS was questionable.
Considering that the other charges carried a maximum punishment of seven years and the petitioner had been in custody for over 60 days, the court found merit in granting bail.
Judgement:
The Criminal Petition was allowed with the following conditions:
- The petitioner shall be released on bail upon executing a personal bond of ₹30,000 with two sureties of the same amount to the satisfaction of the Judicial First Class Magistrate, Peddapuram. The sureties must be from the State of Andhra Pradesh.
- The petitioner must mark his attendance before the investigating officer on the 1st and 15th of every month between 10:00 AM and 1:00 PM for three months or until the filing of the charge sheet, whichever is earlier.
- The petitioner shall be available for investigation as required and shall not induce, threaten, or promise anyone acquainted with the case to dissuade them from disclosing facts to the court or police.
- The petitioner shall not engage in similar criminal activities.
- The petitioner must participate regularly in the pre-trial and trial processes before the competent court.
Read Full Judgement here
Difference Between Extortion and Robbery
While both extortion and robbery involve the unlawful taking of someone’s property, the way each crime is carried out is quite different.
Robbery, as outlined in Section 309 of the Bharatiya Nyaya Sanhita (BNS), 2023, actually includes elements of both theft and extortion. However, what sets robbery apart is the presence of immediate or direct threats and usually involving violence or the threat of violence right then and there. In simpler terms, robbery happens when force or the fear of force is used on the spot to take something from someone.
Extortion, on the other hand, might involve threats too, but they don’t necessarily happen face-to-face or involve instant danger.
Here are the key differences between extortion and robbery:
| Point of Difference | Extortion | Robbery |
|---|---|---|
| Nature of Threat | Involves threats of future harm or injury. | Involves immediate threats of harm, injury, or death. |
| Presence of Offender | The offender may not be physically present during the act. | The offender is physically present during the act of robbery. |
| Completion of Crime | Crime is completed when the victim delivers the property. | Crime is completed once the offender gains possession by force. |
| Use of Violence | May involve psychological threats or reputation damage. | Always involves physical violence or immediate threats. |
| Victim’s Consent | Property is taken with the victim’s forced consent. | Property is taken without the victim’s consent by force. |
| Level of Fear | Fear may be indirect or not immediate. | Fear is direct and immediate. |
Difference Between Extortion and Theft
Though both extortion and theft involve unlawful appropriation of property, they are fundamentally different in their execution and intent.
| Point of Difference | Extortion | Theft |
|---|---|---|
| Nature of Offense | Involves the use of fear or threats to acquire property. | Involves the taking of property without the owner’s knowledge or consent. |
| Victim’s Consent | Property is taken with forced consent under threat. | Property is taken without the owner’s consent or knowledge. |
| Means | Involves the use of coercion or threats. | Involves stealth, without the use of force or threats. |
| Use of Force or Threat | Relies on psychological fear or coercion. | No force or threat is used in the commission of the crime. |
| Completion of Crime | Crime is completed once the victim hands over the property. | Crime is completed when the offender physically takes the property. |
| Punishment | Punishment is based on the level of fear induced and the value of property. | Punishment is based on the value of the stolen property and circumstances. |
Bhartiya Nyaya Sanhita 2023 | Section 308 BNS 2023 | Detailed Lecture Lecture
FAQs on Extortion Under Section 308 of the Bharatiya Nyaya Sanhita (BNS), 2023
1. What is the legal definition of extortion under Section 308 of the BNS, 2023?
Extortion is defined as intentionally putting a person in fear of injury and dishonestly inducing them to deliver property, valuable security, or anything convertible into valuable security.
2. How does extortion differ from theft?
Extortion involves threats or coercion to obtain property, while theft is the unlawful taking of property without the owner’s knowledge or consent and without using threats.
3. What are the key elements required to establish the crime of extortion?
The essential elements include:
- Intentional use of fear or threat.
- Dishonest inducement to transfer property.
- Delivery of property as a result of the threat.
4. Can extortion occur without the direct physical presence of the offender?
Yes, extortion can occur remotely, such as through letters, electronic messages, or other means of communication.
5. What is the punishment for basic extortion under Section 308 of the BNS, 2023?
The punishment for basic extortion includes imprisonment of either description for up to seven years, a fine, or both.
6. What are the penalties for extortion involving fear of death or grievous hurt?
Extortion involving threats of death or grievous hurt can result in imprisonment for up to ten years and a fine.
7. How does extortion differ from robbery under the BNS, 2023?
Robbery involves immediate physical presence and direct threats of harm, whereas extortion can involve future threats or psychological coercion. Robbery is more violent and immediate.
8. Are threats of reputational harm considered extortion under Section 308?
Yes, threatening to harm someone’s reputation, such as through libel, to induce them to part with property constitutes extortion.
9. Does extortion under Section 308 include threats made using electronic devices?
Yes, Section 308 explicitly includes threats made through electronic devices, such as messages or calls, as a form of extortion.
10. What is the punishment for threatening someone with false accusations to commit extortion?
Threatening someone with false accusations of capital offenses or serious crimes can lead to imprisonment for up to ten years and a fine under Section 308 of the BNS.
Verdict
Extortion is a serious offense under Section 308 of the Bharatiya Nyaya Sanhita, 2023. It happens when someone tries to unlawfully gain property or money by threatening or scaring another person. In simple terms, it’s when fear is used as a weapon to get something that doesn’t rightfully belong to the person making the threats.
The law treats this crime with the seriousness it deserves. Depending on how severe the act of extortion is, the penalties can be quite strict. This reflects the law’s strong stance on protecting people from being manipulated or forced into giving up their property.
By understanding what legally qualifies as extortion, we can see just how important this law is in safeguarding individuals from dishonest and coercive behavior.
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