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Section 308(3) of The Bharatiya Nyaya Sanhita (BNS) 2023

Section 308(3) BNS, BNS 308(3)
Section 308(3) BNS, BNS 308(3)

Section 308(3) BNS (BNS 308(3)) As Per The Government of India

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Section 308(3) BNS | BNS 308(3)

(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.

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Read: Section 308 BNS

Section 308(3) BNS Punishment

SectionPunishmentBy what Court triable
Section 308(3) BNSImprisonment for 2 years, or fine, or both.Any Magistrate.

Section 308(3) BNS Bailable or Not

SectionBailable or Non-bailable
Section 308(3) BNSBailable

Section 308(3) BNS Cognizable or Not

SectionCognizable or Non-cognizable
Section 308(3) BNSCognizable

BNS Section 308(3) Compoundable or Not

SectionCompoundable or Not?
Section 308(3) BNSNon-Compoundable

Frequently Asked Questions (FAQ)

What is Section 308(3) BNS (BNS 308(3))?

Section 308(3) BNS, also known as BNS 308(3), is an important legal provision that deals with the crime of extortion. This section specifically addresses the act of putting someone in fear, or attempting to do so, in the context of extortion. If you’ve ever wondered how the law deals with threats that are meant to coerce someone into giving up money or property, this section provides clear guidelines on the penalties involved.

Understanding Section 308(3) BNS

Section 308(3) BNS focuses on the act of instilling fear as a means to commit extortion. The law is concerned with any attempt to create fear in someone, whether or not the fear results in actual extortion. This means that even if the threat doesn’t succeed in obtaining money or property, the act of putting someone in fear is punishable under this section.

How Does Section 308(3) BNS Work?

Under BNS 308(3), if someone threatens or tries to intimidate another person to commit extortion, they can face legal consequences. Here’s what you need to know:

  • Imprisonment: If a person is found guilty of putting someone in fear with the intent to extort, they could be sentenced to imprisonment for up to two years. This reflects the seriousness of using intimidation as a tool to coerce others.
  • Fines: In addition to imprisonment, the offender might also face a fine. The amount of the fine can vary depending on the case and the extent of the intimidation.
  • Combination of Both: The court can choose to impose both imprisonment and a fine. This dual punishment serves to both penalize and deter those who use fear as a means of extortion.

Examples of Violations Under Section 308(3) BNS

To better understand how BNS 308(3) applies, let’s consider some practical examples:

  • Threatening Physical Harm: If someone threatens to injure another person unless they hand over money, this could be a case of extortion under Section 308(3) BNS. Even if the threat doesn’t lead to actual extortion, the mere act of intimidating someone is punishable.
  • Intimidation Attempts: Suppose an individual tries to scare someone into giving them valuable items by claiming they will cause harm. If this attempt at intimidation is detected, it falls under BNS 308(3), and the person could face up to two years in prison or a fine.
  • Indirect Threats: Even if the intimidation is indirect, such as threatening to harm someone close to the victim, it is still covered by BNS 308(3). The law aims to cover any situation where fear is used to influence someone’s actions.

Why Section 308(3) BNS Matters

Section 308(3) BNS is crucial because it addresses not just the completion of extortion but also the attempts and threats made to coerce someone. By criminalizing the act of putting someone in fear, the law helps prevent extortion and ensures that any form of intimidation is met with legal consequences.

This section is an important part of the legal framework designed to protect individuals from coercive threats. It serves as a deterrent to those who might use intimidation to achieve their goals, whether or not their threats result in actual extortion.

Legal Implications and Enforcement

The legal implications of BNS 308(3) are significant for anyone who engages in or attempts to engage in extortion. Law enforcement agencies and the judiciary use this section to address and penalize attempts to instill fear. This helps maintain public trust in the legal system by ensuring that even the mere act of intimidating someone is treated seriously.

Conclusion

Section 308(3) BNS addresses the crime of intimidation in the context of extortion. It specifies that anyone who puts another person in fear, or attempts to do so, can be punished with up to two years of imprisonment, a fine, or both. By understanding BNS 308(3), individuals can recognize the seriousness of using threats to coerce others and the legal consequences that follow. This section plays a vital role in preventing and addressing extortion by ensuring that any attempt to intimidate someone is met with appropriate legal action.