IPC 385 vs BNS 385
● Retained in BNSPutting person in fear of injury in order to commit extortion
Section 385 of the Indian Penal Code, 1860, defines extortion by putting a person in fear of injury. It focuses on creating fear of harm to compel someone to deliver property, emphasizing the mental coercion involved in extortion.
Key points:
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Applies when a person induces delivery of property through threats or fear of injury.
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Core element: fear must be caused intentionally to obtain property.
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Punishment: Imprisonment up to 3 years, or fine, or both.
For example, threatening someone with physical harm to get their money or valuables falls under IPC 385. The law ensures protection from coercive tactics and addresses extortion that relies on fear rather than physical theft.
Putting person in fear of injury in order to commit extortion
Section 385 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 385. It punishes acts where fear or threat is used to obtain property, maintaining the same scope and penalties as IPC 385.
Key points:
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Protects individuals from coerced transfer of property through fear or intimidation.
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Punishment remains up to 3 years imprisonment, or fine, or both.
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Covers acts where intentional fear is used to commit extortion.
For instance, threatening a shopkeeper to hand over cash under threat of injury falls under BNS 385. This provision ensures legal deterrence against fear-based extortion, fully aligning with IPC 385.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 385 to BNS BNS 385.