Section 384 IPC in BNS: Section 308 Extortion, Punishment, Bail

Section 384 IPC is now Section 308(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The punishment for extortion has been raised from up to three years to up to seven years, or fine, or both. The whole old group of Sections 383 to 389 IPC now sits inside one provision, Section 308 BNS, with seven sub-sections.

What Section 308 BNS says

Section 308(1) defines extortion. A person commits extortion when he intentionally puts another person in fear of 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, a valuable security, or anything signed or sealed that can be converted into a valuable security.

Ingredients in simple words

• Intentional fear of injury: the accused must deliberately create fear. “Injury” is wide and covers harm to body, mind, reputation or property.
• Dishonest inducement: the fear must be used to cause wrongful gain to one person or wrongful loss to another.
• Delivery of property: the victim must actually hand over property, a valuable security, or a signed or sealed paper that can become one. Without delivery, the completed offence of extortion is not made out.
• Consent obtained by fear: the victim parts with the property “willingly” but only because of the fear. This vitiated consent is the heart of extortion.

The illustrations carried over from the IPC still teach the idea: threatening to publish a defamatory libel unless money is paid, or threatening to keep a child in wrongful confinement unless a promissory note is signed, are classic extortion.

Old IPC sections and their new BNS numbers

Note the order. The BNS places the “attempt type” offence before the completed offence in each pair, so 387 comes before 386, and 389 comes before 388. Students often reverse these in exams.

What changed from the IPC

• Higher punishment for simple extortion: the maximum jumped from three years under Section 384 IPC to seven years under Section 308(2) BNS. This is the change most searchers are looking for.
• One consolidated section: seven IPC sections (383 to 389) were merged into one section with sub-sections.
• Life imprisonment limb dropped: Sections 388 and 389 IPC provided for life imprisonment where the threatened accusation was of an offence under Section 377 IPC. Since the BNS has no equivalent of Section 377, that limb does not appear in Section 308(6) and (7).
• Rest unchanged: the punishments for the old 385, 386, 387, 388 and 389 equivalents remain the same in substance.

Important case law

R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716

The Supreme Court set out the ingredients of extortion: intentional putting in fear of injury, dishonest inducement, and delivery of property as a result. This remains the standard starting point.

Dhananjay alias Dhandhanjay Kumar Singh v. State of Bihar (2007) 14 SCC 768

The Court treated actual delivery of property as essential for the completed offence under Section 384 IPC. Where nothing was handed over, extortion under Section 384 was not made out.

Somasundaram v. State (2020) 7 SCC 722

A three-judge bench upheld a conviction under Section 387 IPC even though no property was delivered, because that section punishes putting a person in fear of death or grievous hurt in order to commit extortion.

M/s Balaji Traders v. State of U.P., 2025 INSC 806

Decided on 5 June 2025 by Justices Sanjay Karol and Manoj Misra. The Court held that the High Court was wrong to insist on delivery of property for Section 387 IPC (now Section 308(4) BNS). Section 387 is an independent, preparatory offence, so the commission of extortion is not essential for it. Dhananjay was distinguished because it dealt with Section 384.

Common confusions

Extortion vs robbery

Extortion becomes robbery under Section 309(3) BNS when the offender is present, puts the victim in fear of instant death, instant hurt or instant wrongful restraint, and so induces immediate delivery on the spot. In extortion the fear can relate to the future and delivery can come later.

Extortion vs cheating

In cheating (Section 318 BNS), consent is obtained by deception. In extortion, consent is obtained by fear. The victim of cheating is fooled; the victim of extortion is frightened.

Completed extortion vs putting in fear

If the threat is made but no property is delivered, charge the preparatory sub-section: 308(3), 308(4) or 308(6), depending on the type of fear. Section 308(2), 308(5) or 308(7) needs actual delivery.

For the general public: what to do

• Preserve evidence: keep screenshots, call recordings, chat logs, UPI or bank transfer records and the numbers used. Do not delete threatening messages.
• Report to police: extortion is cognizable, so the police must register an FIR. You may also use the zero FIR facility at any police station or e-FIR where your State allows it.
• Online extortion and sextortion: report at cybercrime.gov.in or helpline 1930 promptly, especially if money has been transferred, so the transaction can be flagged.
• Do not keep paying: payment rarely ends the demand. Note every payment made, as it proves delivery of property for Section 308(2).
• If falsely accused: since Section 308(2) is non-bailable, bail lies with the court. Anticipatory bail can be sought under Section 482 BNSS before the Sessions Court or High Court.

Exam angle

• 384 IPC = 308(2) BNS; punishment raised from 3 to 7 years. Very likely one-liner.
• Match the pairs: 386 = 308(5), 387 = 308(4), 388 = 308(7), 389 = 308(6).
• Delivery of property is essential for completed extortion but not for Section 308(4) (Balaji Traders, 2025).
• Robbery can be committed through extortion (Section 309(3)); remember the triad of presence, instant fear and immediate delivery.
• The Section 377 linked life imprisonment limb of 388 and 389 IPC is absent in BNS.

Frequently asked questions

What is the new section for 384 IPC?

Section 384 IPC is now Section 308(2) of the BNS. The definition formerly in Section 383 IPC is in Section 308(1).

What is the punishment for extortion under BNS?

Up to seven years of imprisonment, or fine, or both, under Section 308(2). Extortion by fear of death or grievous hurt carries up to ten years and fine under Section 308(5).

Is Section 308 BNS bailable?

Section 308(2) is non-bailable and cognizable. Section 308(3), putting a person in fear of injury to commit extortion, is bailable.

Is extortion compoundable under BNSS?

No. Section 308 is not listed in the compounding table of Section 359 BNSS, so the parties cannot settle it on their own. Quashing on settlement can be sought only from the High Court.

Is a threat without payment extortion?

Not completed extortion. It is punishable as putting a person in fear in order to commit extortion under Section 308(3), (4) or (6), depending on the threat.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, Section 308 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule and Section 359
• M/s Balaji Traders v. State of U.P., 2025 INSC 806, Supreme Court of India
• Somasundaram v. State (2020) 7 SCC 722; R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716

This page is for education and general information, not legal advice for a specific case.