The Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant shift in India's criminal law landscape replacing the Indian Penal Code (IPC) of 1860 . Among its provisions Section 308 BNS specifically addresses the crime of extortion, aiming to provide clarity and stringent measures against such offenses . Extortion characterized by coercing individuals into parting with property or valuables under threat poses a serious threat to societal harmony and individual rights . By redefining and detailing the nuances of extortion Section 308 of Bharatiya Nyaya Sanhita seeks to deter potential offenders and protect victims more effectively . This article delves into the intricacies of BNS Section 308, exploring what Section 308 BNS deals with, including its legal definitions, various subsections such as section 308 2 BNS, section 308 3 BNS, section 308 4 BNS, section 308 5 BNS, section 308 6 BNS, section 308 7 BNS, section 308 BNS punishment, and whether section 308 BNS bailable or non bailable.Explore other important Judiciary Notes.

Section 308 BNS: Extortion

The exact bare act language of extortion as provided under Section 308 BNS is provided as under,

(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

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 308 BNS defines extortion as the act of intentionally instilling fear of injury in a person to dishonestly induce them to part with property, valuable security, or any signed or sealed item convertible into valuable security. Key elements include:

• Intentional Inducement – Deliberate instigation of fear.
• Fear of Injury – Applicable to the victim or any other person.
• Dishonest Inducement – Inducing the victim to give property or valuables.

This law applies to both physical and psychological threats, extending to modern challenges like cyber blackmail. For example, threatening to release private photos unless a payment is made would fall under section 308 BNS.

In particular, section 308(2) BNS deals with extortion where threats of injury do not include death or grievous hurt, while section 308(4) BNS escalates punishment where threats involve a serious accusation. Section 308(6) BNS and section 308 (7) BNS impose harsher penalties for group extortion or if firearms are involved. These aspects show how Section 308 BNS deals with a range of extortion scenarios.

Section 308 BNS punishment varies depending on the subsection invoked, emphasizing deterrence based on severity. Additionally, Section 308 of the Bharatiya Nyaya Sanhita (BNS) deals with extortion, which is defined as forcing someone to give property or do something by putting them in fear of death, grievous hurt, or false accusation of a serious crime. The punishment for committing extortion under this section can be imprisonment of either description for up to 10 years, along with a fine.

Section 308 BNS Key aspects

The key aspects relating to section 308 of Bharatiya Nyaya Sanhita ,2023 is explained as under-

• Extortion: It involves obtaining something from another person by putting them in fear.
• Fear: This fear can be of death, grievous hurt, or accusation of a serious crime.
• Serious Crime: The accusation must be of an offense punishable by death, life imprisonment, or imprisonment for a term of up to 10 years.
• Punishment: The penalty for extortion under Section 308 BNS can be up to 10 years imprisonment and a fine.

Section 308 BNS: Essential Elements 

To prosecute under Section 308 BNS, four essential elements must be present:

1. Intentional Act – There must be a clear intent to instill fear.
2. Induced Fear – This can be of death, grievous hurt, or false accusation (section 308 5 BNS).
3. Dishonest Inducement – The victim must have delivered property due to the threat.
4. Resultant Delivery – A transfer of property or document must occur.

Each of these must be proven in court to establish guilt under Section 308 BNS. Particularly, section 308 2 BNS and section 308 4 BNS require proof of the type of threat made, while section 308 6 BNS addresses crimes involving serious gangs or weapons.

Section 308 BNS is largely a non-bailable and cognizable offense. This means police can arrest the accused without prior court approval. The determination of whether section 308 BNS bailable or non bailable depends on the specific sub-section involved:

• Section 308 2 BNS – Bailable
• Section 308 3 BNS, section 308 6 BNS, section 308 7 BNS – Non-bailable

The scope of Section 308 BNS is comprehensive. It includes traditional and modern extortion forms, like blackmail through digital means. Notably, Section 308 5 BNS adds severity when threats involve allegations of crimes punishable by life imprisonment or death. This wide scope ensures flexibility and applicability across varying extortion cases.

Comparison: IPC vs BNS 

Before BNS, similar conduct was covered under  Indian Penal Code (IPC). The transition to Section 308 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 308 BNS: Judicial Interpretation 

Judicial bodies have stressed the importance of proving all the core elements under Section 308 BNS, especially intent and fear. In Gordhan Vikram Kumar vs State of Andhra Pradesh, the court emphasized that section 308 5 BNS relating to false accusations must prove intent to damage reputation. Courts have ruled that non-physical threats like cyber-blackmail are admissible.

Interpretation of section 308 6 BNS and section 308 7 BNS by courts stresses the severity when extortion involves gangs or weapon use. The judiciary has maintained that even psychological coercion amounts to extortion when it causes real fear.

Section 308 BNS: Landmark Cases 

The Indian judiciary has clarified the application of laws similar to section 308 BNS through past rulings under IPC Sections. The landmark Judgments relating to the section are as follows-

• Gordhan Vikram Kumar v. State of Andhra Pradesh (2024): This case dealt with an allegation of extortion involving a threat of falsely implicating the victim in a murder case. The court interpreted section 308 5 BNS, which pertains to extortion by threat of false accusation of serious crimes. The judgment emphasized that to invoke this subsection, the prosecution must prove that the accused intended to cause harm by making a knowingly false allegation of an offense punishable by death or life imprisonment.
• K.N. Mehra v. State of Delhi: In this case, the court clarified that mere fear or threat is not enough to constitute extortion. It reinforced that the prosecution must prove the accused's intent behind inducing fear. The verdict aligned with the foundational requirement of proving mens rea under Section 308 BNS.
• State of Maharashtra v. Mohd. Yakub: The court in this case highlighted that actual delivery of property or any valuable security is a necessary component of the crime. Without proving that the victim parted with property due to the threat, an extortion charge under Section 308 BNS would not stand.
• State v. Nalini: Here, the court accepted that threats directed at third parties (such as family members) can be sufficient to constitute extortion. This broadened the judicial scope of Section 308 BNS, recognizing indirect coercion as equally unlawful.
• R v. James (UK): Though a UK case, it has been frequently referenced by Indian courts. It established that blackmail through threats to reveal personal or damaging information qualifies as extortion. The Indian judiciary has used this precedent to uphold convictions involving cyber and emotional blackmail under Section 308 BNS.

Section 308 BNS: Impact 

The impact of Section 308 BNS has been substantial. It modernizes extortion law by including cyber threats and group offenses. By assigning stringent penalties through section 308 BNS punishment, the law provides a strong deterrent.

The classification of section 308 BNS bailable or non bailable also ensures seriousness of the offense dictates bail status. The introduction of subsections like section 308 4 BNS and section 308 6 BNS allows for better categorization and tailored justice.

Conclusion

In conclusion, Section 308 BNS effectively addresses the multifaceted threat of extortion. Whether through section 308 2 BNS involving basic threats or aggravated offenses under section 308 6 BNS, the law adapts to new forms of crime. It clarifies what section 308 BNS deals with, from false accusations (section 308 5 BNS) to extortion involving organized groups (section 308 7 BNS).

Its structured approach—comprising detailed definitions, punishments, and bailability rules—has improved enforcement and victim protection. With clear guidelines on section 308 BNS punishment and whether section 308 BNS bailable or non bailable, it sets a new precedent in criminal justice.

Section 308 BNS symbolizes India’s intent to align criminal laws with contemporary challenges, ensuring justice for all.