383 vs 308
Punishment for extortion has been significantly increased in the transition to BNS 308 — from 3 years to 7 years.
What Changed?
IPC 384 provided up to 3 years imprisonment.
BNS 308(2) increases this to 7 years.
The definition of extortion remains structurally similar.
Verdict
"Legal deterrents double as the maximum term rises from 3 years to 7 years."
Detailed Analysis
383
Section Data Pending
308
Section Data Pending
Legal Implications
Practical Scenarios
"A person threatening a witness to pay money to hide evidence (BNS 308 - up to 7 years)."
"Digital extortion involving threats to leak sensitive information (BNS 308)."
Expert Q&A
Is extortion now a more serious crime?
Yes, by increasing the punishment to 7 years, the BNS has elevated extortion to a more severe category compared to the IPC.
What are the aggravated forms of extortion?
Section 385 — putting in fear for extortion (2 years). Section 386 — extortion by death or grievous hurt threat (10 years). Section 387 — attempt at extortion by death threat (7 years). Section 388/389 — extortion by threat of accusation of capital offence (life imprisonment).
How is extortion (383/384) different from robbery (390/392)?
In extortion, the victim delivers property because of a threat — delivery may occur at a distance and the threat need not be of immediate violence. In robbery, force or the threat of INSTANT force is used in direct confrontation. Extortion includes threats to reputation; robbery requires physical force or immediate threat.
Is online blackmail/sextortion covered by Section 383/384?
Yes — Section 383 covers threats to 'injury to reputation.' Threatening to release intimate images unless paid constitutes extortion under Section 383/384. IT Act provisions also apply alongside.
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