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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter XVIISection 308
Section308

Extortion

AI Assist

Summary

Putting a person in fear of injury, death, grievous hurt, or of a serious accusation, and thereby dishonestly forcing them to hand over property, a valuable security, or a signed paper that can become a security, is extortion. It applies when the fear is intentionally caused to obtain money, goods or signatures. Punishment includes fine or imprisonment, with terms up to seven or ten years depending on severity; attempts or preparatory threats carry lighter penalties.

Example

Ravi threatens Priya that he will publish a false scandal about her unless she gives him 50,000 rupees. Priya pays to avoid the harm. Ravi has committed extortion and can be punished with imprisonment for up to seven years or a fine; if the threat involved death or grievous hurt, the punishment could rise to ten years.

Bare Act

Enacted text

(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) 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 sings 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 signs 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”.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

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XVII

Chapter XVII

Of Offences Against Property

In this chapter

  • 303Theft
  • 304Snatching
  • 305Theft in a dwelling house, or means of transportation or place of worship, etc
  • 306Theft by clerk or servant of property in possession of master
  • 307Theft after preparation made for causing death, hurt or restraint in order to the committing of theft
  • 308Extortion
  • 309Robbery
  • 310Dacoity
  • 311Robbery, or dacoity, with attempt to cause death or grievous hurt
  • 312Attempt to commit robbery or dacoity when armed with deadly weapon
  • 313Punishment for belonging to gang of robbers, etc
  • 314Dishonest misappropriation of property
  • 315Dishonest misappropriation of property possessed by deceased person at the time of his death
  • 316Criminal breach of trust
  • 317Stolen property
  • 318Cheating
  • 319Cheating by personation
  • 320Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
  • 321Dishonestly or fraudulently preventing debt being available for creditors
  • 322Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
  • 323Dishonest or fraudulent removal or concealment of property
  • 324Mischief
  • 325Mischief by killing or maiming animal
  • 326Mischief by injury, inundation, fire or explosive substance, etc
  • 327Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
  • 328Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
  • 329Criminal trespass and house-trespass
  • 330House-trespass and house-breaking
  • 331Punishment for house-trespass or house breaking
  • 332House-trespass in order to commit offence
  • 333House-trespass after preparation for hurt, assault or wrongful restraint
  • 334Dishonestly breaking open receptacle containing property
Previous · Section 307Theft after preparation made for causing death, hurt or restraint in order to the committing of theftNext · Section 309Robbery