BNS Section 308
What punishment does a person face for threatening me to give money or property?
Short answer
They can be jailed up to ten years and fined, with the term varying by the kind of threat and whether they succeeded.
In detail
Under the Bharatiya Nyaya Sanhita, extortion occurs when someone intentionally scares another person of injury, death, grievous hurt, or false accusation, and then dishonestly forces them to hand over money, property, or a valuable document. The law covers threats made in person, by writing, or through electronic messages. If the threat simply puts a person in fear, the offender may be punished with up to two years' imprisonment or a fine. When the fear involves death or serious injury, the maximum term rises to seven years, and if the threat leads to actual extortion, the jail term can go up to ten years, along with a fine. The severity of the punishment depends on the nature of the fear created and whether the offender succeeded in obtaining the property or security. All such acts are criminal and can attract both imprisonment and monetary penalties.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What is the penalty for threatening someone with a false criminal accusation?
- Does extortion include threats made through electronic messages?
- How does the law differentiate between intimidation and extortion?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.