BNS Section 308: Extortion

Offence

This section provides for the crime of extortion. In simple words, extortion refers to threatening someone to perform an action against their will by threat of causing harm. However, this can come in many shapes and forms. So this section has defined extortion in seven different subsections by defining the different contexts and nuances of extortion for the purposes of this section. Let us take a look at all the subsections one by one.

Subsection (1) aims to provide the fundamental definition of extortion. It defines extortion as an act of inducing any person in fear of injury with the intention of extracting any property or valuable security from such person. The two defining features of extortion according to this definition are inducing fear of injury and intent to extract valuable property. When these two elements are present, it usually amounts to extortion. It has also provided several illustrations that highlight these elements of extortion. Let’s take a look.

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.

Hear Z has been induced with fear of injury or damage to his image and money has been demanded in exchange. So this amounts to 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.

Z has been induced with fear for his child’s safety and valuable financial security has been demanded in return in the form of promissory notes. So it fulfills all the defining qualities of 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.

Z has been induced with fear of injury to his property unless he delivers a bond to provide some of his produce in return. While farm produce is technically not valuable security, it can be easily sold and converted to cash, making it a valuable cash equivalent.

(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.

Z has been induced with fear of bodily harm in return for a blank, signed paper. A blank signed paper can be used to bind Z into any sort of financial commitment thus making it a valuable security. So all the qualifying checks of extortion are met here and A is liable to prosecution under the provisions of this section.

(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.

Z has been induced with fear for his child’s safety and money has been demanded in return for neutralising the threat. This ticks all the boxes of extortion under the provisions of this section.

The remaining subsections define the punishment for extortion in various different contexts.

Subsection (2) defines the punishment for committing extortion as defined above.

Subsection (3) defines punishment for threatening a person with injury with the intention of committing extortion

Subsection (4) defines punishment for threatening a person with death or grievous hurt with the intention of committing extortion

Subsection (5) defines punishment for committing extortion by threatening a person with death or grievous hurt.

Subsection (6) defines punishment for threatening a person with accusations of having a committed crime that is punishable by death or life imprisonment or imprisonment for more than ten years with the intention of committing extortion. For instance, A threatens to accuse Z of a murder unless Z pays him some money.

Subsection (7) defines punishment for committing extortion by threatening a person with accusations of having a committed crime that is punishable by death or life imprisonment imprisonment for more than ten years.

Punishment

The punishment for extortion has been categorised based on severity of the threat of extortion. Let us take a look.

The above actions may not be an offence under this section if:

However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.