IPC 389 vs BNS 389
● Retained in BNSPutting person in fear of death or grievous hurt, with intent to commit extortion
Section 389 of the Indian Penal Code, 1860, deals with extortion committed by putting a person in fear of death or grievous hurt. This section emphasizes intentional creation of fear to obtain property, making it a more serious offence than ordinary extortion because it threatens life or severe injury.
Key points:
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Applies when a person induces delivery of property by threatening death or grievous hurt.
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Core element: fear must be intentionally caused to commit extortion.
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Punishment: Rigorous imprisonment up to 10 years and fine.
For example, threatening a person with deadly force to hand over money or valuables constitutes an offence under IPC 389. The law ensures protection against coercive threats that endanger life or cause serious harm.
Putting person in fear of death or grievous hurt, with intent to commit extortion
Section 389 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 389. It punishes acts where a person induces property transfer by threatening death or grievous hurt, maintaining the same scope and punishment as IPC 389.
Key points:
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Protects individuals from extortion involving threats to life or serious injury.
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Punishment remains rigorous imprisonment up to 10 years and fine.
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Covers acts where fear of death or grievous hurt is used to compel property delivery.
For instance, forcing someone to hand over money under threat of lethal harm falls under BNS 389. This provision ensures strong deterrence against life-threatening extortion, aligning fully with IPC 389.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 389 to BNS BNS 389.