(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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Understanding the Section
Section 308 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offence of “extortion”. The basic meaning of extortion is when someone forces you to give them money, property, or anything valuable by inducing fear of harm or injury.
Section 308 explains when extortion is committed, examples of extortion, and identifies various punishments based on the seriousness of the offence.
Basic Definition of Extortion
Section 308(1) gives a basic definition of extortion as committed by a person who intentionally puts another in fear of injury thereby inducing that person, dishonestly, to deliver to them property, a valuable security, or anything that is convertible into a valuable security.
- There are multiple important aspects of the definition.
- The offence must involve that the offender put the victim in fear.
- The fear must involve some injury to the victim (e.g. serious physical harm; emotional harm; marking the victim’s reputation; damage to property).
- The victim must be induced to hand over the property or security by some form of dishonest inducement (e.g. tricked or forced).
- The victim must hand over property or security in surrendering to the fear.
Example: A person who threatens you with injury if you don’t give money would be extortion, if you gave it to them out of fear.
Examples of Extortion
The law offers a number of examples to clarify the concept:
- A threatens Z that A will publish an article slandering Z unless Z pays money (Z pays the money, A has committed extortion).
- A threatens Z that A will confine Z’s child against Z’s wishes unless Z signs a promissory note (Z signs, A has committed extortion).
- A threatens Z that A will destroy Z’s field unless Z signs a bond (Z signs the bond, A has committed extortion).
- A threatens Z physically with grievous hurt and compels Z to sign a blank paper that A can turn into a valuable security document. This is extortion (A may hiddenly to commit this act after contracting Z’s consent).
- A sends Z a message that states, “Your child is with me; send ₹1 lakh or your child will die!” Z sends the money (this is extortion).
These examples make very clear the extortion not only occurs in cash, it also can be a document, a bond, and a digital threat, etc.
Punishments under Section 308
This section outlines various levels of penalties based on the nature of the threat employed:
- Subsection (2): General Penalty – An individual who engages in extortion can face incarceration for up to 7 years, a fine, or both.
- Subsection (3): Attempt or Threat to Injure – Someone who tries to instill fear in another of injury, in order to commit extortion, faces a potential penalty of 2 years of imprisonment, a fine or both.
- Subsection (4): Threat of Death or Grievous Hurt (Attempt) – An individual who attempts to extort by threatening grievous hurt or death can be penalized with up to 7 years of imprisonment and a fine.
- Subsection (5): Extortion through fear of Death or Grievous Hurt (Actual)- Extortion actually committed through same threats can result in imprisonment for up to 10 years and a fine.
- Subsection (6): Fear of a Serious Accusation (Attempt)- An individual who attempts to extort through fear of indictment for a serious crime that can be punishable by death, life imprisonment or imprisonment of up to 10 years and a fine.
- Subsection (7): Extortion by Threat of Serious Indictment (Actual) – Extortion actually committed through the threat of indictment fear can be penalized at 10 years in prison and a fine.
Significant Points to Understand
- Fear is the primary component of extortion. The victim surrenders property not freely, but out of fear.
- The threat can be direct or indirect and can include any digital threat (e.g., email, text, or phone call).
- The intent of the accused does matter, the accused must have acted dishonestly to obtain something of value.
- Both the actual offense of extortion and an attempt to extort are punishable under the BNS crime code. The attempted offense carries less punishment than successful extortion.
- Serious threats (like death threats, serious bodily harm, or false criminal allegations) might carry a heavier punishment.
Modern Context
As crime changes and modernizes, extortion has taken on several new forms, threatening to disclose private photos, hacked data, or sending email ransom demands. Section 308 is written broadly and is meant to cover these modern means of threatening and intimidation.