Extortion is a legal term used to describe an offence related to property (such as theft, robbery, mischief, criminal trespass, etc.) and is a punishable offence. In India, Section 308 of Chapter 17 of the Bharatiya Nyaya Sanhita (BNS), 2023 provides provisions regarding extortion, such as when an act is termed as extortion and what is the punishment for it.
Table of Contents
What is Extortion?
Extortion is a criminal act/offense which involves dishonestly taking property (including any property, or valuable security, or anything signed or sealed which can be converted into a valuable security, etc.) of another person by intentionally putting him in fear and is prohibited and punishable by the governing law of the state (nation).
Any criminal act becomes extortion when the elements of that act comply with the provisions of theft given under Section 308(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, such as dishonest intention, putting any person in fear of any injury, dishonest inducement, delivery of property, etc. Note: Attempting to commit extortion is also punishable.
According to section 308(1) of Chapter 17 of the Bharatiya Nyaya Sanhita (BNS), 2023 – 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
Section 308(1) of the Bharatiya Nyaya Sanhita (BNS) 2023 provides illustrations to better understand the term extortion:
- 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.
- 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.
- 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.
- 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.
- 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.
Ingredients of Extortion
Following are the ingredients of extortion:
1. Dishonest Intention
The first ingredient of extortion is dishonest intention, as the act is not called extortion without dishonest intention. In simple words, dishonest intentions mean a guilty mind. For example, when a person intends to harm someone else for their benefit, that is called dishonest intention.
2. Fear of Injury
The second ingredient of extortion is a fear of injury. In this, any person gives anyone fear of injury so that he agrees to do any act, and it is necessary to establish extortion. For example, A tells B to give him 1 lakh rupees, otherwise he will kill his child; in this situation, A is giving fear of injury to B.
Section 2(14) of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the term injury as – “Injury means any harm whatever illegally caused to any person, in body, mind, reputation or property.”
3. Dishonest Inducement
Dishonest inducement means dishonestly inducing or forcing someone to do something for one’s own benefit, and this inducement can be done through fear of injury or by some other means. In extortion, dishonest inducement is done through fear of injury, and it is an important ingredient of extortion.
4. Delivery of Property
To constitute extortion, it is necessary to deliver the property, and according to Section 308 (1) of the Bharatiya Nyaya Sanhita (BNS), 2023, the property includes property, or valuable security, or anything signed or sealed which may be converted into a valuable security, etc. In extortion, the property is delivered to others for fear of injury.
Punishment for Extortion
Following are the punishments for extortion as mentioned in sections 308(2) to 308(7) of the Bharatiya Nyaya Sanhita (BNS), 2023:
Punishment for extortion under Section 308(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.
| Punishment under Section 308(2) | – Imprisonment, which may extend to 7 years, or – Fine, or – Both |
Punishment for extortion under Section 308(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.
| Punishment under Section 308(3) | – Imprisonment, which may extend to 2 years, or – Fine, or – Both |
Punishment for extortion under Section 308(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.
| Punishment under Section 308(4) | – Imprisonment, which may extend to 7 years, and – Fine |
Punishment for extortion under Section 308(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.
| Punishment under Section 308(5) | – Imprisonment, which may extend to 10 years, and – Fine |
Punishment for extortion under Section 308(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.
| Punishment under Section 308(4) | – Imprisonment, which may extend to 10 years, and – Fine |
Punishment for extortion under Section 308(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.
| Punishment under Section 308(4) | – Imprisonment, which may extend to 10 years, and – Fine |
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QNA/FAQ
Q1. What is extortion?
Ans: Extortion is a criminal act/offense which involves dishonestly taking property of another person by intentionally putting him in fear of injury.
Q2. Is delivery of property necessary for it to be called extortion?
Ans: Yes, delivery of property is necessary for it to be called extortion.
Q3. What are the things included in property as per section 308(1) of the Bharatiya Nyaya Sanhita (BNS), 2023?
Ans: According to section 308(1) of Bharatiya Nyaya Sanhita (BNS), 2023, the property includes property, or valuable security, or anything signed or sealed, which may be converted into a valuable security, etc.
Q4. Is fear of injury necessary for extortion?
Ans: Yes, fear of injury is necessary for extortion.
Q5. Write the ingredients of extortion.
Ans: Following are the ingredients of extortion:
1. Dishonest Intention
2. Fear of Injury
3. Dishonest Inducement
4. Delivery of Property
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