KembaraXtra - Bharatiya Nyaya Sanhita - Section 308: Extortion

Q1. What does Section 308 of the Bharatiya Nyaya Sanhita deal with?

Answer:

Section 308 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the offence of extortion.

At its core, extortion occurs when a person:

• Intentionally puts another person in fear of injury;
• The fear may relate to that person or to someone else;
• By creating that fear, the offender dishonestly induces the victim to deliver:
• Property;
• Valuable security; or
• Anything signed or sealed which may be converted into a valuable security.

Thus, extortion is fundamentally an offence of dishonest inducement through fear.

Basic Formula

Fear of injury + dishonest intention + induced delivery of property/value = Extortion

Q2. What is the statutory definition of extortion under Section 308(1)?

Answer:

A person commits extortion where he:

1.     Intentionally puts any person in fear of injury;

2.     The threatened injury may be to:

o    That person; or

o    Any other person;

3.     The offender thereby dishonestly induces the person put in fear;

4.     The victim delivers to any person:

o    Property;

o    Valuable security; or

o    Anything signed or sealed capable of being converted into valuable security.

All these elements must be connected.

Q3. What are the essential ingredients of extortion?

Answer:

The supplied comments identify three central ingredients:

1.     Putting a person in fear of injury;

2.     Dishonest intention; and

3.     Inducing the victim to deliver property or value.

These may be expanded as follows:

• Fear must be intentionally created;
• The fear must concern injury;
• The offender must act dishonestly;
• The fear must induce the victim;
• The victim must deliver property, valuable security, or something capable of becoming valuable security.

Memory Formula

FEAR + DISHONESTY + DELIVERY = EXTORTION

Q4. What is meant by putting a person in fear of injury?

Answer:

It means intentionally creating fear in the victim that injury may be caused either:

• To the victim; or
• To another person.

The injury may be of different forms depending upon the circumstances.

The supplied comments explain that the fear may concern:

• Physical harm;
• Mental harm;
• Financial harm;
• Reputational harm; or
• Harm to someone important to the victim.

The threat must be used as a means of coercing the victim to deliver property or value.

Q5. Must the threat concern physical injury only?

Answer:

No.

The supplied comments make clear that the threat need not always be of bodily harm.

For example, threatening to damage a person's reputation by releasing private photographs may also create fear of injury.

Therefore, extortion can arise from threats involving:

• Physical safety;
• Reputation;
• Property;
• Financial interests;
• Personal relationships; or
• Other legally relevant forms of injury.

Q6. Can a threat to harm another person amount to extortion?

Answer:

Yes.

Section 308(1) expressly refers to fear of injury:

• To the person put in fear; or
• To any other person.

Thus, a person may be extorted by threatening harm to:

• Their child;
• Spouse;
• Parent;
• Friend;
• Employee; or
• Any other person whose threatened injury induces the victim to comply.

Q7. What is the importance of intentional creation of fear?

Answer:

The offender must intentionally place the victim in fear.

The fear cannot merely arise accidentally from circumstances unrelated to the offender's conduct.

The offender must use or create the threat as a means of obtaining property or value dishonestly.

Q8. Must the fear be real and substantial?

Answer:

According to the supplied comments, the fear should not be purely illusory or trivial.

It must be of a nature capable of coercing the victim into complying with the offender's demand.

The practical focus is whether the threat actually operates upon the victim's mind and induces delivery.

Q9. Give an example of threat of physical harm amounting to extortion.

Answer:

A tells Z:

“Give me ₹1,00,000 or I will harm your family.”

Z pays the money because of the fear created by A.

The basic elements are present:

• Threat of injury;
• Dishonest intention;
• Fear;
• Induced delivery of money.

This may constitute extortion.

Q10. Give an example of reputational threat amounting to extortion.

Answer:

A threatens Z that private photographs of Z will be released publicly unless Z pays money.

Z pays because of fear of reputational damage.

The threat may constitute fear of injury sufficient for extortion.

Q11. Can every threatening statement amount to extortion?

Answer:

No.

A threat must be connected with dishonest inducement to deliver property or value.

The supplied comments give the example that a vague statement that divine displeasure will fall upon a person unless a debt is paid does not necessarily amount to extortion.

The threat must be sufficiently connected with the coercive inducement contemplated by the section.

Q12. What principle was involved in Romesh Chandra Arora v. State?

Answer:

In Romesh Chandra Arora v. State, AIR 1960 SC 154, according to the supplied comments, a boy and girl were compelled to remove their clothes and photographs were taken of them.

The photographs were later used to demand money.

The use of the compromising photographs to create fear and obtain money was treated as extortion.

Study Principle

A threat to expose compromising or damaging material may amount to extortion where it is used dishonestly to induce payment.

Q13. What is meant by dishonest intention in extortion?

Answer:

Dishonest intention refers to an intention to cause:

• Wrongful gain to one person; or
• Wrongful loss to another.

The supplied comments connect this with the general meaning of “dishonestly” under Section 2(7) BNS.

Thus, the offender must not merely create fear; the fear must be used as part of a dishonest scheme to obtain property or value.

Q14. Why is dishonest intention essential?

Answer:

Because extortion is not merely about fear.

The fear must be used to obtain an unlawful or wrongful benefit.

Without dishonest intention, the necessary mental element of extortion is absent.

Formula

Fear alone ≠ Extortion

Fear + dishonest inducement + delivery = Extortion

Q15. Give an example of dishonest intention in extortion.

Answer:

A tells Z:

“Pay me ₹10,000 or I will ruin your reputation.”

A has no lawful right to the money.

The demand is made to obtain wrongful gain and cause wrongful loss to Z.

This demonstrates dishonest intention.

Q16. Can forcing someone to sign a document amount to extortion?

Answer:

Yes.

If a person creates fear of injury and thereby dishonestly induces the victim to sign and deliver:

• A promissory note;
• Bond;
• Cheque;
• Document transferring rights; or
• Another instrument capable of having legal or financial value,

the conduct may amount to extortion.

Q17. What is meant by “inducing to deliver property”?

Answer:

The victim must be caused to part with property or value because of the fear created by the offender.

The word “inducing” refers to causing or compelling the victim to act.

The delivery must be the result of the threat.

Thus, the offender creates fear, and the victim responds to that fear by delivering something valuable.

Q18. Why is delivery important in extortion?

Answer:

Delivery is a central feature of completed extortion under Section 308(1).

The victim must actually hand over, transfer, sign or deliver something because of the fear.

This distinguishes completed extortion from merely attempting to create fear in order to extort, which is separately punishable under other subsections.

Q19. What kinds of things can be delivered in extortion?

Answer:

Section 308(1) covers:

• Property;
• Valuable security; and
• Anything signed or sealed which may be converted into valuable security.

Thus, extortion is not confined to cash or ordinary movable property.

It can also involve documents or instruments having legal or financial value.

Q20. Can property under extortion include immovable property interests?

Answer:

According to the supplied comments, property under this section may be movable or immovable.

For example, a person may be coerced into transferring rights over land or signing a document concerning immovable property.

Q21. What is the importance of causal connection?

Answer:

There must be a clear link between:

1.     The fear created by the offender; and

2.     The victim's delivery of property or value.

The delivery must occur because of the fear.

If the victim delivers property for an unrelated reason, the causal requirement may not be satisfied.

Formula

Threat → Fear → Delivery

This chain must be established.

Q22. Can mere forcible taking of a thumb impression amount to extortion?

Answer:

According to the supplied comments, mere forcible taking of a thumb impression does not by itself amount to extortion.

The offence requires the statutory elements of fear, dishonest inducement and delivery of property or something capable of legal or financial value.

Q23. Explain Illustration (a): Threat to publish defamatory libel.

Answer:

A threatens to publish defamatory material concerning Z unless Z pays money.

Z pays because of that fear.

A has committed extortion because:

• Z is intentionally placed in fear of injury to reputation;
• A acts dishonestly; and
• The fear induces Z to deliver money.

Q24. Explain Illustration (b): Threat to wrongfully confine child.

Answer:

A threatens Z that Z's child will remain wrongfully confined unless Z signs and delivers a promissory note.

Z complies.

This is extortion because the fear of injury to another person induces Z to deliver a valuable security.

Q25. Explain Illustration (c): Threat to plough up the field.

Answer:

A threatens Z that club-men will be sent to plough up Z's field unless Z signs and delivers a bond to B.

Z signs and delivers the bond.

The threat concerns injury to Z's property interests and is used dishonestly to induce delivery of a valuable instrument.

Thus, extortion is committed.

Q26. Explain Illustration (d): Blank signed or sealed paper.

Answer:

A places Z in fear of grievous hurt and dishonestly induces Z to sign or seal a blank paper and deliver it.

The paper is capable of being converted into a valuable security.

Therefore, A commits extortion.

Important Point

The instrument need not already be a completed valuable security if it can be converted into one.

Q27. Explain the new Illustration (e) involving an electronic message.

Answer:

A sends Z a message through an electronic device stating:

“Your child is in my possession, and will be put to death unless you send me one lakh rupees.”

A thereby induces Z to pay money.

This constitutes extortion.

Importance

This illustration recognises that extortion may be committed through modern electronic communication.

The threat need not necessarily be delivered face-to-face.

Q28. What change has been made by adding Illustration (e)?

Answer:

According to the supplied comments:

Section 308(1) BNS → Section 383 IPC

The language remains substantially unchanged, but the BNS introduces a new Illustration (e) involving a threat sent through an electronic device.

This modernises the illustration by expressly recognising electronic communication as a means of committing extortion.

Q29. What is the punishment for ordinary extortion under Section 308(2)?

Answer:

Whoever commits extortion may be punished with:

• Imprisonment of either description up to seven years; or
• Fine; or
• Both.

Q30. What change has been made to the punishment for ordinary extortion?

Answer:

According to the supplied comments:

Section 308(2) BNS → Section 384 IPC

The maximum imprisonment has been increased:

Earlier: up to 3 years

Now: up to 7 years

This is a significant enhancement.

Q31. What does Section 308(3) punish?

Answer:

Section 308(3) deals with a stage before completed extortion.

It punishes a person who, in order to commit extortion, puts or attempts to put another person in fear of any injury.

Thus, actual delivery of property need not occur.

Q32. What is the punishment under Section 308(3)?

Answer:

The punishment is:

• Imprisonment of either description up to two years; or
• Fine; or
• Both.

Q33. Which IPC provision corresponds to Section 308(3)?

Answer:

According to the supplied comments:

Section 308(3) BNS → Section 385 IPC

The language remains unchanged and the provision has been retained as it is.

Q34. What is the difference between Section 308(2) and Section 308(3)?

Answer:

Section 308(2)

Extortion is completed.

The victim has been dishonestly induced to deliver property or value.

Section 308(3)

The offender places or attempts to place the victim in fear in order to commit extortion, but the extortion need not be completed.

Memory Rule

308(2) = completed extortion

308(3) = fear/attempt in order to extort

Q35. What does Section 308(4) deal with?

Answer:

Section 308(4) applies where, in order to commit extortion, the offender puts or attempts to put a person in fear of:

• Death; or
• Grievous hurt,

to that person or another person.

This is more serious than ordinary fear of injury.

Q36. What is the punishment under Section 308(4)?

Answer:

The punishment is:

• Imprisonment of either description up to seven years; and
• Fine.

Q37. Which IPC provision corresponds to Section 308(4)?

Answer:

According to the supplied comments:

Section 308(4) BNS → Section 387 IPC

The language remains unchanged and the provision has been retained as it is.

Q38. What does Section 308(5) deal with?

Answer:

Section 308(5) applies where extortion is actually committed by placing a person in fear of:

• Death; or
• Grievous hurt,

to that person or another.

Thus, unlike subsection (4), the extortion is completed.

Q39. What is the punishment under Section 308(5)?

Answer:

The punishment is:

• Imprisonment of either description up to ten years; and
• Fine.

Q40. Which IPC provision corresponds to Section 308(5)?

Answer:

According to the supplied comments:

Section 308(5) BNS → Section 386 IPC

The language remains unchanged and the provision has been retained as it is.

Q41. What is the difference between Section 308(4) and Section 308(5)?

Answer:

The difference is mainly whether the extortion has actually been completed.

Section 308(4)

The offender puts or attempts to put a person in fear of death or grievous hurt in order to commit extortion.

The extortion need not be completed.

Punishment: up to 7 years + fine.

Section 308(5)

The offender actually commits extortion by putting the victim in fear of death or grievous hurt.

Punishment: up to 10 years + fine.

Memory Rule

Fear of death/grievous hurt for extortion = 308(4)

Completed extortion through that fear = 308(5)

Q42. What does Section 308(6) deal with?

Answer:

Section 308(6) deals with putting or attempting to put a person in fear of an accusation of a serious offence in order to commit extortion.

The threatened accusation must concern an offence punishable with:

• Death;
• Imprisonment for life; or
• Imprisonment up to ten years.

The accusation may relate to:

• The person put in fear; or
• Any other person.

Q43. What is the punishment under Section 308(6)?

Answer:

The punishment is:

• Imprisonment of either description up to ten years; and
• Fine.

Q44. Which IPC provision corresponds to Section 308(6)?

Answer:

According to the supplied comments:

Section 308(6) BNS → Section 389 IPC

The language remains substantially unchanged.

However, the previous phrase referring to an offence punishable under Section 377 IPC and the possibility of life imprisonment has been omitted.

Q45. What does Section 308(7) deal with?

Answer:

Section 308(7) applies where extortion is actually committed by putting a person in fear of an accusation of having:

• Committed; or
• Attempted to commit

an offence punishable with:

• Death;
• Life imprisonment; or
• Imprisonment up to ten years.

It also covers fear of accusation that a person attempted to induce another person to commit such a serious offence.

Q46. What is the punishment under Section 308(7)?

Answer:

The punishment is:

• Imprisonment of either description up to ten years; and
• Fine.

Q47. Which IPC provision corresponds to Section 308(7)?

Answer:

According to the supplied comments:

Section 308(7) BNS → Section 388 IPC

The language remains substantially unchanged.

As with subsection (6), the older reference to Section 377 IPC and the special life-imprisonment clause has been omitted.

Q48. What is the difference between Section 308(6) and Section 308(7)?

Answer:

Section 308(6)

Fear of serious accusation is created in order to commit extortion.

The extortion need not be completed.

Section 308(7)

The extortion is actually committed through fear of such serious accusation.

Memory Rule

Serious accusation threat + attempt stage = 308(6)

Serious accusation threat + completed extortion = 308(7)

Q49. What is the classification of Section 308 offences?

Answer:

According to the supplied classification:

Sections 308(2), 308(4) and 308(5)

• Cognizable;
• Non-bailable;
• Magistrate of the First Class.

Section 308(3)

• Cognizable;
• Bailable;
• Any Magistrate.

Sections 308(6) and 308(7)

• Cognizable;
• Bailable;
• Magistrate of the First Class.

Q50. What are the IPC equivalents of the different subsections?

Answer:

For revision:

Section 308(1) BNS

Equivalent to Section 383 IPC — Definition of extortion.

Section 308(2) BNS

Equivalent to Section 384 IPC — Punishment for extortion.

Section 308(3) BNS

Equivalent to Section 385 IPC — Putting person in fear of injury in order to extort.

Section 308(4) BNS

Equivalent to Section 387 IPC — Fear of death or grievous hurt in order to extort.

Section 308(5) BNS

Equivalent to Section 386 IPC — Extortion by fear of death or grievous hurt.

Section 308(6) BNS

Equivalent to Section 389 IPC — Fear of accusation in order to extort.

Section 308(7) BNS

Equivalent to Section 388 IPC — Extortion by threat of serious accusation.

Q51. What are the major changes under Section 308 BNS?

Answer:

The supplied comments identify several important changes.

First — New electronic illustration

Section 308(1) adds Illustration (e), recognising extortion committed through electronic communication.

Second — Increased punishment

The maximum punishment for ordinary extortion under Section 308(2) has increased from:

3 years → 7 years

Third — Omission in Sections 308(6) and (7)

The old IPC reference concerning Section 377 and the special life-imprisonment clause has been removed.

The remaining provisions are substantially retained.

Key Provisions (Study Notes)

Section 308(1) — Definition

Extortion requires:

1.     Intentional fear of injury;

2.     Injury may concern victim or another;

3.     Dishonest intention;

4.     Inducement;

5.     Delivery of:

o    Property;

o    Valuable security; or

o    Signed/sealed thing capable of conversion into valuable security.

Formula

Fear → Dishonest inducement → Delivery

Section 308(2) — Completed Extortion

Punishment:

• Up to 7 years; or
• Fine; or
• Both.

BNS Change

Maximum increased from 3 years to 7 years.

Section 308(3) — Fear of Injury in Order to Extort

Punishment:

• Up to 2 years; or
• Fine; or
• Both.

Completed extortion is not necessary.

Section 308(4) — Fear of Death or Grievous Hurt in Order to Extort

Punishment:

• Up to 7 years; and
• Fine.

Section 308(5) — Completed Extortion by Fear of Death or Grievous Hurt

Punishment:

• Up to 10 years; and
• Fine.

Section 308(6) — Fear of Serious Accusation in Order to Extort

Punishment:

• Up to 10 years; and
• Fine.

Section 308(7) — Completed Extortion by Fear of Serious Accusation

Punishment:

• Up to 10 years; and
• Fine.

Important Illustrations

Defamatory Publication

Threat to publish defamatory material unless money is paid → extortion.

Wrongful Confinement of Child

Threat concerning the victim's child used to obtain a promissory note → extortion.

Damage to Field

Threat used to compel execution of a bond → extortion.

Blank Signed Paper

Fear of grievous hurt used to obtain signed or sealed blank paper capable of becoming valuable security → extortion.

Electronic Threat

Threat communicated electronically concerning the victim's child and demanding money → extortion.

Important Case

Romesh Chandra Arora v. State, AIR 1960 SC 154

Compromising photographs were used to create fear and demand money.

Principle

Threatening exposure of damaging material to dishonestly obtain money may amount to extortion.

Quick Revision Notes

Core Ingredients

FEAR

+

DISHONEST INTENTION

+

INDUCEMENT

+

DELIVERY

= EXTORTION

Difference Between Attempt Stage and Completed Extortion

Attempt Stage

Victim is put or attempted to be put in fear for the purpose of extortion.

Completed Extortion

Fear actually induces delivery of property or valuable security.

Death or Grievous Hurt

Section 308(4)

Fear created in order to extort → up to 7 years + fine.

Section 308(5)

Extortion actually completed through that fear → up to 10 years + fine.

Serious Accusation

Section 308(6)

Fear of accusation in order to extort.

Section 308(7)

Extortion actually completed through such fear.

Both may extend to 10 years + fine.

Extortion and Robbery — Quick Connection

Extortion becomes robbery only when the stricter requirements of Section 309 are satisfied.

For extortion-based robbery:

• Offender must be sufficiently present;
• Victim must fear instant death, hurt or wrongful restraint;
• Delivery must occur then and there.

Thus:

Extortion = threat-induced delivery

Robbery through extortion = presence + instant fear + immediate delivery

Ultimate Memory Formula

EXTORTION

THREAT

→ FEAR

→ DISHONEST INDUCEMENT

→ DELIVERY

Key Takeaway

Section 308 of the Bharatiya Nyaya Sanhita, 2023 defines extortion as intentionally placing a person in fear of injury and thereby dishonestly inducing that person to deliver property, valuable security, or something capable of becoming valuable security.

Its central ingredients are:

fear of injury, dishonest intention, inducement, and delivery.

The provision covers not only ordinary completed extortion but also aggravated forms involving:

• Fear of death;
• Fear of grievous hurt;
• Fear of serious criminal accusation; and
• Attempts to create such fear in order to extort.

A major BNS change is the increase in punishment for ordinary extortion from three years to seven years, together with the addition of a modern electronic-communication illustration.

For revision, remember:

Fear alone is not enough.

Fear + dishonest inducement + delivery = Extortion.