Extortion Under the BNS (Section 308): IPC 384 Mapping (2026)
What extortion means under Section 308 of the Bharatiya Nyaya Sanhita (BNS), the punishment (now up to seven years for basic extortion, up from three), and how it maps to the old Sections 383 to 389 of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Extortion is now Section 308 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024. It replaces Sections 383 to 389 of the old Indian Penal Code (IPC). The core idea is the same: putting a person in fear of injury to dishonestly make them part with property. But the punishment for basic extortion has gone up, from three years under old Section 384 of the IPC to seven years under Section 308(2) of the BNS. This explainer sets out the ingredients, the punishment, and the old-to-new mapping. Last verified October 2026.
- Provision: extortion, Section 308 of the Bharatiya Nyaya Sanhita, 2023.
- Old law: it replaced Sections 383 to 389 of the Indian Penal Code, with basic extortion in old Section 384 (in force from 1 July 2024).
- Punishment: basic extortion up to 7 years, or a fine, or both; aggravated forms up to 10 years and a fine.
- Key change: the maximum for basic extortion rose from 3 years (IPC 384) to 7 years (BNS 308(2)).
- Status: cognizable, non-bailable; basic extortion triable by a Magistrate of the first class (confirm from the BNSS First Schedule).
01What Section 308 of the BNS covers
Section 308(1) of the BNS defines extortion. A person commits extortion when he intentionally puts another person in fear of any injury to that person or to anyone else, 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 that may be converted into a valuable security.
The ingredients are:
- Fear of injury: the accused intentionally creates a fear of some injury, which can be to body, mind, reputation, or property.
- Dishonest inducement: because of that fear, the victim is induced to hand something over.
- Delivery of property or security: the victim delivers property, a valuable security, or a signed or sealed document that can be made into one.
How extortion differs from theft and robbery
In theft, the property is taken without consent. In extortion, the victim hands it over, but only because of fear created by the accused. Extortion becomes robbery when the fear is of instant death, hurt, or wrongful restraint and the delivery is then and there.
02Old to new: IPC 383 to 389 becomes BNS 308
The old IPC spread extortion across Sections 383 to 389. The BNS folds the whole set into a single Section 308 with several sub-sections.
| Old law (IPC) | New law (BNS) | Topic |
|---|---|---|
| Section 383 | Section 308(1) | Definition of extortion |
| Section 384 | Section 308(2) | Punishment for extortion |
| Sections 385 to 389 | Section 308(3) to (7) | Aggravated forms (fear of death, grievous hurt, or accusation of an offence) |
The definition carries over, so judgments on what counts as extortion under the old law remain useful. The punishment for basic extortion is where the BNS makes a real change.
03Punishment and classification
Section 308 sets punishments that rise with the seriousness of the threat.
- Basic extortion (308(2)): imprisonment of either description for a term which may extend to seven years, or a fine, or both.
- Putting a person in fear of injury to commit extortion (308(3)): imprisonment which may extend to two years, or a fine, or both.
- Extortion by putting a person in fear of death or grievous hurt (308(5)): imprisonment which may extend to ten years, and a fine.
- Extortion by threat of accusation of a serious offence (308(7)): imprisonment which may extend to ten years, and a fine.
On classification, basic extortion is a cognizable and non-bailable offence, triable by a Magistrate of the first class. The aggravated forms are more serious and the trial court and bail position differ, so confirm from the current BNSS First Schedule.
04What changed from the old law
The most important change is the punishment for basic extortion.
- Basic extortion is now up to seven years. Under old Section 384 of the IPC the maximum was three years. Under Section 308(2) of the BNS it is seven years. So the ceiling has more than doubled, which is a real, substantive change, not just renumbering.
- One section instead of seven. The old Sections 383 to 389 are now a single Section 308 with sub-sections, which is tidier to read and charge.
For related property offences in the new code, see Section 303 on theft, Sections 309 and 310 on robbery and dacoity, and Section 318 on cheating.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Extortion cases under Section 308, and under the old Section 384 and its aggravated forms, are charged and litigated in trial courts across India. To run such a case you need to see how courts read fear, inducement, and the higher punishment, and you need to track the live matter. With Claw you can search 30 crore+ judgments and orders by section, party, or advocate, with results in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals, with automatic updates, cause lists, and WhatsApp and email alerts. See how case search works across Indian courts for more.
Claw does not file a case for you and does not replace legal advice. Claw does not use customer case documents to train AI models. There is a free plan for individual advocates. Create a FREE Claw account to search and track cases under this section by party or advocate name.
06Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (the three new criminal laws): mha.gov.in
- Text of BNS Section 308: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the section and the BNSS First Schedule, and take advice from counsel, before you act.
07Frequently asked questions
What is Section 308 of the BNS?
Section 308 of the Bharatiya Nyaya Sanhita, 2023 defines and punishes extortion. A person commits extortion when he intentionally puts another in fear of injury and so dishonestly induces that person to deliver property or valuable security. It replaced Sections 383 to 389 of the IPC from 1 July 2024.
Which IPC section is now BNS Section 308?
Sections 383 to 389 of the Indian Penal Code. Section 383 defined extortion and Section 384 set the punishment for basic extortion. The BNS folds them into Section 308, with the definition in sub-section (1) and the punishments in later sub-sections.
What is the punishment for extortion under BNS Section 308?
Basic extortion carries imprisonment up to seven years, or a fine, or both. Aggravated forms, such as extortion by putting a person in fear of death or grievous hurt, or by threat of accusation of a serious offence, carry up to ten years and a fine.
Did the punishment for extortion change under the BNS?
Yes. Under old Section 384 of the IPC, basic extortion carried up to three years. Under Section 308(2) of the BNS, the maximum is seven years. This is a substantive increase, not just a renumbering.
What is the difference between extortion and robbery?
In extortion, the victim hands over property because of fear created by the accused. Extortion becomes robbery when the fear is of instant death, hurt, or wrongful restraint and the delivery happens then and there.
Can I find extortion cases under BNS 308 or IPC 384 in Claw?
Yes. Claw lets you search 30 crore+ judgments and orders by section, party, or advocate in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals. It does not file a case or give legal advice.