Section 308 BNS: Extortion

Table of Contents

Section 308 BNS | BNS 308 | Extortion Section

308(1) BNS

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.

308(2) BNS

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.

308(3) BNS

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.

308(4) BNS

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.

308(5) BNS

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.

308(6) BNS

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.

308(7) BNS

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.

READ OTHER SECTIONS OF CHAPTER XVII — OF OFFENCES AGAINST PROPERTY

Section No.	Section Title
	Of Theft
303	Theft.
304	Snatching.
305	Theft in a dwelling house, or means of transportation or place of worship, etc.
306	Theft by clerk or servant of property in possession of master.
307	Theft after preparation made for causing death, hurt or restraint in order to committing of theft.
	Of Extortion
308	Extortion.
	Of Robbery And Dacoity
309	Robbery.
310	Dacoity.
311	Robbery, or dacoity, with attempt to cause death or grievous hurt.
312	Attempt to commit robbery or dacoity when armed with deadly weapon.
313	Punishment for belonging to gang of robbers, etc.
	Of Criminal Misappropriation Of Property
314	Dishonest misappropriation of property.
315	Dishonest misappropriation of property possessed by deceased person at the time of his death.
	Of Criminal Breach Of Trust
316	Criminal breach of trust.
	Of Receiving Stolen Property
317	Stolen property.
	Of Cheating
318	Cheating.
319	Cheating by personation.
	Of Fraudulent Deeds And Dispositions Of Property
320	Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
321	Dishonestly or fraudulently preventing debt being available for creditors.
322	Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
323	Dishonest or fraudulent removal or concealment of property.
	Of Mischief
324	Mischief.
325	Mischief by killing or maiming animal.
326	Mischief by injury, inundation, fire or explosive substance, etc.
327	Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.
328	Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
	Of Criminal Trespass
329	Criminal trespass and house-trespass.
330	House-trespass and hous-ebreaking.
331	Punishment for house-trespass or house-breaking.
332	House-trespass in order to commit offence.
333	House-trespass after preparation for hurt, assault or wrongful restraint.
334	Dishonestly breaking open receptacle containing property.

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FAQs of BNS Section 308

308 BNS punishment and fine

Punishment and fine under Section 308 of the BNS—

308(2): Imprisonment for 7 years, or fine, or both.
308(3): Imprisonment for 2 years, or fine, or both.
308(4): Imprisonment for 7 years and fine.
308(5): Imprisonment for 10 years and fine.
308(6): Imprisonment for 10 years and fine.
308(7): Imprisonment for 10 years and fine.
308 BNS cognizable or not

The offence under Section 308(2), 308(3), 308(4), 308(5), 308(6) and 308(7) of the BNS is cognizable.
308 BNS bailable or not

The offence under Section 308(2), 308(4) and 308(5) of the BNS is bailable and the offence umder 308(3), 308(6) and 308(7) is non-bailable.
308 BNS trial court

Offence specified in Section 308(2), 308(4), 308(5), 308(6) and 308(7) of the BNS is triable by the Magistrate of the first class, while the offence specified in Section 308(3) is triable by any Magistrate.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).