Section 308(4) BNS (BNS 308(4)) As Per The Government of India
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(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.
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Section 308(4) BNS Punishment
| Section | Punishment | By what Court triable |
|---|---|---|
| Section 308(4) BNS | Imprisonment for 7 years and fine. | Magistrate of the first class. |
Section 308(4) BNS Bailable or Not
| Section | Bailable or Non-bailable |
|---|---|
| Section 308(4) BNS | Non-Bailable |
Section 308(4) BNS Cognizable or Not
| Section | Cognizable or Non-cognizable |
|---|---|
| Section 308(4) BNS | Cognizable |
BNS Section 308(4) Compoundable or Not
| Section | Compoundable or Not? |
|---|---|
| Section 308(4) BNS | Non-Compoundable |
Frequently Asked Questions (FAQ)
What is Section 308(4) BNS (BNS 308(4))?
Section 308(4) BNS, also known as BNS 308(4), addresses a serious aspect of extortion involving threats of severe harm or death. This provision of the law specifies the penalties for anyone who uses such extreme threats to coerce someone into giving up money or property. Understanding this section is crucial for recognizing the legal consequences associated with severe intimidation.
What Does Section 308(4) BNS Cover?
Section 308(4) BNS focuses on cases where a person uses threats of death or grievous harm to commit extortion. This section makes it clear that if someone puts or tries to put another person in fear of serious injury or death to achieve extortion, they face stringent penalties. Here’s a closer look at how this law works:
- Severity of Threats: The law specifically addresses threats involving extreme harm, such as death or significant injury. This indicates that the legal system views these threats as particularly severe and deserving of serious consequences.
- Imprisonment: Under BNS 308(4), anyone found guilty of using threats of death or serious injury to commit extortion can be sentenced to imprisonment for up to seven years. This lengthy term reflects the gravity of using such severe threats to coerce others.
- Fines: In addition to imprisonment, those convicted under this section may also face a financial penalty. The amount of the fine can vary, but it is intended to add another layer of punishment and deterrence.
Examples of Violations Under Section 308(4) BNS
To better understand how BNS 308(4) is applied, let’s explore some real-life scenarios where this section might come into play:
- Threatening Death: If someone threatens to kill another person unless they hand over money or valuable items, this constitutes a serious crime under Section 308(4) BNS. The law considers this a grave offense, leading to potential imprisonment for up to seven years and a fine.
- Severe Physical Harm: Imagine someone threatens to cause severe injury, like disabling or life-threatening harm, to coerce someone into giving them property. This extreme form of intimidation falls under BNS 308(4), with the perpetrator facing substantial legal consequences.
- Indirect Threats of Serious Harm: Even if the threat is indirect—such as threatening to harm a loved one of the victim—BNS 308(4) applies if it aims to instill fear of serious harm or death. This ensures that any form of severe intimidation is addressed by the legal system.
Why Section 308(4) BNS Is Important
Section 308(4) BNS is vital because it specifically targets the most severe forms of extortion—those involving threats of death or grievous harm. By imposing harsh penalties for these extreme threats, the law aims to:
- Deter Extreme Intimidation: The severe penalties under BNS 308(4) serve as a strong deterrent against using such serious threats to extort money or property.
- Protect Victims: This section helps protect individuals from severe coercion, ensuring that threats of extreme harm are met with significant legal repercussions.
- Ensure Justice: By addressing severe forms of intimidation, BNS 308(4) ensures that justice is served in cases involving the most serious threats, maintaining public trust in the legal system.
Legal Framework and Enforcement
The enforcement of Section 308(4) BNS involves both the police and the judiciary. Law enforcement agencies investigate cases of extreme threats and gather evidence to support prosecution under this section. The courts then assess the evidence and determine appropriate penalties, which may include both imprisonment and fines.
This section is a crucial part of the legal framework designed to address and prevent severe forms of extortion. It helps ensure that those who use extreme threats to coerce others face significant legal consequences.
Conclusion
Section 308(4) BNS is an important legal provision addressing the crime of extortion involving threats of death or serious injury. It stipulates that anyone found guilty of using such extreme threats can face imprisonment for up to seven years and be liable for a fine. By understanding BNS 308(4), individuals can better appreciate the seriousness of severe intimidation and the substantial penalties associated with it. This section plays a critical role in protecting people from extreme forms of extortion and ensuring that justice is served.