Section 308(1) BNS (BNS 308(1)) As Per The Government of India
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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.
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(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.
Read: Section 308 BNS
Frequently Asked Questions (FAQ)
What is Section 308(1) BNS (BNS 308(1))?
Section 308(1) BNS—also known as BNS 308(1)—is a crucial legal provision designed to address and punish extortion. Extortion involves using threats to force someone into giving up property, money, or valuable documents. This section provides a detailed definition and examples of how extortion can occur and what constitutes a crime under this law.
Defining Extortion Under Section 308(1) BNS
Section 308(1) BNS makes it clear that extortion happens when someone intentionally puts another person in fear of injury, either to themselves or to others. This fear is used to deceitfully obtain property, valuable securities, or documents that can be converted into valuable securities. Simply put, if a person uses threats to scare someone into handing over something valuable, they are committing extortion according to this section.
How Extortion Works According to Section 308(1) BNS
To understand how BNS 308(1) applies, let’s look at a few illustrative examples provided in the legal text:
- Example A: Imagine person A threatens to spread harmful false information about person Z unless Z pays A money. By scaring Z into giving money, A is committing extortion. This example shows how threats of reputational damage can lead to extortion.
- Example B: Consider a situation where A threatens to wrongfully confine Z’s child unless Z signs a promissory note agreeing to pay A a certain amount of money. Z, under the fear of losing their child, signs the note and delivers it to A. Here, A’s threat and subsequent acquisition of the promissory note qualify as extortion.
- Example C: Suppose A threatens to damage Z’s field by sending people to plow it unless Z signs a bond to deliver specific produce to another person, B. Under this threat, Z signs the bond and delivers it to B. A’s use of threat to obtain the bond from Z is another example of extortion.
- Example D: If A puts Z in fear of serious injury and convinces Z to sign a blank piece of paper, which A can later use for fraudulent purposes, this also constitutes extortion. The blank paper could be filled in to create a valuable security, showing how even unsigned documents can be used in extortion.
- Example E: In a more modern context, A sends a threatening message through an electronic device, claiming that Z’s child is in A’s possession and will be harmed unless Z pays a large sum of money. By inducing fear through digital means, A commits extortion under BNS 308(1).
Legal Implications and Penalties
Section 308(1) BNS is not just about defining extortion but also about outlining the consequences for those who commit it. If someone is found guilty of extortion under this section, they face serious penalties. These can include imprisonment and fines, depending on the specifics of the case and the severity of the threat.
- Imprisonment and Fines: Those convicted of extortion may face imprisonment for up to seven years, a fine, or both. This reflects the seriousness of the crime and the legal system’s intent to deter such behavior.
- Severity of Threats: The law differentiates between various forms of threats. For instance, threats involving serious harm or death lead to harsher penalties compared to threats of less severe injuries.
- Digital and Modern Threats: With the rise of digital communication, threats made through electronic devices are also covered under BNS 308(1). This ensures that modern forms of extortion are treated with the same level of seriousness as traditional threats.
Why Section 308(1) BNS Matters
Understanding Section 308(1) BNS is vital for recognizing and addressing extortion. This legal framework is crucial for protecting individuals from coercive threats and ensuring justice is served when someone uses fear to unlawfully obtain something of value.
Conclusion
Section 308(1) BNS offers a comprehensive look at extortion, defining it as the act of using threats to force someone into giving up valuable property or documents. Through various examples and clear definitions, this section helps clarify what constitutes extortion and outlines the penalties for such actions. By being informed about BNS 308(1), individuals can better understand their rights and the legal recourse available if they fall victim to extortion.