(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 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.
(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.
Simplified Explanation
Section 308: Extortion under the Bhartiya Nyaya Sanhita, 2023 (BNS) defines the offense of extortion and outlines the legal consequences for individuals who use threats to force others into giving up property or signing documents under duress.
Section 308: Extortion
1. Definition of Extortion:
- Extortion occurs when a person intentionally places another person in fear of injury (to themselves or someone else) and induces that person to deliver property, valuable security, or anything signed or sealed that can be converted into a valuable security.
- The key elements of extortion include:
- Fear of injury: The victim must be put in fear of harm.
- Dishonest inducement: The person must be forced or induced to deliver property or a valuable document.
Illustrations:
- Illustration (a): A threatens to publish a defamatory statement about Z unless Z pays money. Z, under the fear of damage to their reputation, gives A money. Here, A commits extortion.
- Illustration (b): A threatens to wrongfully confine Z’s child unless Z signs a promissory note to pay a certain amount. Z, fearing harm, signs the note, and A commits extortion.
- Illustration (c): A threatens to destroy Z’s field unless Z signs a bond for the delivery of produce to B. Z signs under duress, and A commits extortion.
- Illustration (d): A threatens to cause grievous harm unless Z signs a blank paper, which could later be turned into a valuable document. Z signs the paper in fear, and A commits extortion.
- Illustration (e): A sends a threatening message that Z’s child is in danger unless Z pays money. Z gives the money in fear, and A commits extortion.
2. Punishments for Extortion:
- Basic punishment: Whoever commits extortion is punishable with imprisonment (either description) for up to seven years, or with a fine, or both.
3. Attempt to Extort:
- If someone attempts to extort by putting a person in fear of injury, the punishment is imprisonment for up to two years, or a fine, or both.
4. Extortion Involving Threats of Death or Grievous Hurt:
- If a person is put in fear of death or grievous hurt (either to themselves or someone else) in connection with extortion, the punishment is imprisonment for up to seven years and may include a fine.
5. Extortion Involving Death or Grievous Hurt (Severe Cases):
- If extortion is committed with the fear of death or grievous hurt, the punishment is imprisonment for up to ten years, and a fine is also imposed.
6. Extortion Involving False Accusations of Serious Crimes:
- If extortion involves putting a person in fear of being accused of a serious crime (e.g., a crime punishable with death or imprisonment for life), the punishment is imprisonment for up to ten years and a fine.
7. Extortion by False Accusations of Serious Crimes (Severe Cases):
- If extortion involves the threat of an accusation of a serious crime (e.g., involving death, life imprisonment, or crimes punishable by long-term imprisonment), the punishment is imprisonment for up to ten years and a fine.
Key Points to Remember:
- Extortion is not just about taking property; it involves using fear (whether through threats of harm, death, or false accusations) to coerce a person into handing over property or signing valuable documents.
- Punishments range from imprisonment for seven years to ten years depending on the severity of the threats involved, with fines potentially added as well.
- The law distinguishes between different levels of severity based on the type of threat (e.g., threats of death or grievous harm, or threats of serious criminal accusations).
- Attempted extortion is also punishable, but with lesser penalties (up to two years of imprisonment).
Conclusion:
Section 308 of the Bhartiya Nyaya Sanhita, 2023 seeks to address extortion comprehensively, covering threats of harm, fear of injury, and threats of false accusations. It imposes severe penalties for the use of coercion and violence in extorting property or documents from individuals, emphasizing the protection of individuals from such threats and intimidation.
