Bns 2023 Section 308 : Extortion :

Bharatiya Nyaya Sanhita 2023
Of Extortion :
Section 308 :
Extortion :
(See section 383, 384, 385, 386, 387, 388, 389 of IPC 1860)
Section : 308(2)
Classification of Offence:
Offence : Extortion
Punishment : Imprisonment for 7 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable.
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Magistrate of the first class.
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Section : 308(3)
Classification of Offence:
Offence : Putting or attempting to put in fear of injury, in order to commit extortion.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Any Magistrate.
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Section : 308(4)
Classification of Offence:
Offence : Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable.
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Magistrate of the first class.
———
Section : 308(5)
Classification of Offence:
Offence : Extortion by putting a person in fear of death or grievous hurt.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable.
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Magistrate of the first class.
———
Section : 308(6)
Classification of Offence:
Offence : Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
———
Section : 308(7)
Classification of Offence:
Offence : Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Magistrate of the first class.
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(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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