BNS Section 308 — Extortion
CHAPTER XVII OF OFFENCES AGAINST PROPERTY — Of extortion
Criminal
Summary
Sub-section (1) defines extortion. A person commits extortion when they intentionally put someone in fear of injury to that person or to anyone else, and because of that fear, dishonestly get the frightened person to hand over any property, or any valuable security, or anything signed or sealed that could be turned into a valuable security, to any person.
Illustration (a): A threatens to publish a defamatory statement about Z unless Z gives A money. Z gives A money out of fear. A has committed extortion.
Illustration (b): A threatens to keep Z's child in wrongful confinement unless Z signs and gives A a promissory note binding Z to pay money to A. Z signs and gives the note. A has committed extortion.
Illustration (c): A threatens to send people to plough up Z's field unless Z signs and gives B a bond binding Z under a penalty to deliver certain produce to B. Z signs and gives the bond. A has committed extortion.
Illustration (d): A, by putting Z in fear of grievous hurt, dishonestly gets Z to sign or seal a blank paper and give it to A. Z signs and gives the paper. Since the signed paper could be converted into a valuable security, A has committed extortion.
Illustration (e): A threatens Z by sending an electronic message saying that Z's child is in A's possession and will be put to death unless Z sends one lakh rupees. Z gives A the money. A has committed extortion.
Sub-section (2) sets the punishment for committing extortion: imprisonment of either description for up to seven years, or a fine, or both.
Sub-section (3) covers preparation for extortion. Whoever, in order to commit extortion, puts any person in fear of any injury, or attempts to put any person in fear of any injury, is punishable with imprisonment of either description for up to two years, or a fine, or both.
Sub-section (4) covers a more serious form of preparation. Whoever, in order to commit extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, is punishable with imprisonment of either description for up to seven years, and is also liable to a fine.
Sub-section (5) covers the completed act with the most serious threat. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, is punishable with imprisonment of either description for up to ten years, and is also liable to a fine.
Sub-section (6) covers preparation using a threat of accusation. Whoever, in order to commit 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, is punishable with imprisonment of either description for up to ten years, and is also liable to a fine.
Sub-section (7) covers the completed act using a threat of accusation. 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 an offence, is punishable with imprisonment of either description for up to ten years, and is also liable to a fine.
Official Text
(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.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)