Introduction
Under the Bharatiya Nyaya Sanhita (BNS) Section 308, extortion occurs when someone deliberately instills fear of injury and fraudulently persuades another to hand over property, valuable security, or anything of value. The law treats online intimidation, whether on social media, email, messaging apps, or other internet platforms, with the same seriousness as physical threats. It bridges the gap between traditional criminal law and modern digital realities, ensuring offenders face consequences regardless of the medium. Punishment depends on the severity of the threat. General extortion can lead to imprisonment of up to seven years. However, threats involving death, grievous hurt, or false accusations of grave crimes can result in imprisonment of up to ten years, along with fines. Section 308 reflects India’s acknowledgment of cyber-extortion as a growing danger and offers a strong legal framework to protect both tangible and intangible assets from coercion in physical and virtual spaces.
What Exactly BNS Section 308 Says
Section 308 of the BNS states that anyone who deliberately causes another person to fear injury and dishonestly induces them to hand over property, valuable security, or any signed or sealed document convertible into value commits extortion. The offence becomes more serious when the threat involves death, grievous hurt, or false implication in a crime punishable with death or life imprisonment. The section’s broad language covers electronic communications, including screenshots, chat logs, and recorded calls, which serve as critical evidence. The law recognizes the psychological impact of threats, regardless of whether they are carried out. By criminalizing both the intent and act of coercion, Section 308 allows authorities to act before the threatened harm occurs, protecting victims in both the physical and digital worlds.
What Is The Difference Between Seven-Year and Ten-Year Sentence Under BNS 308
The difference in punishment under BNS Section 308 depends on the severity of the threat. If the threat involves injury but does not endanger life, the maximum penalty is seven years of imprisonment plus a fine. If the threat escalates to causing death, grievous hurt, or false accusations of crimes punishable by death, life imprisonment, or ten years of imprisonment, it is treated as a grave offence. In such cases, the maximum penalty rises to ten years, along with a fine. This structure mirrors earlier provisions under the now-repealed Indian Penal Code (IPC) but expands its scope to address modern scenarios, especially online threats. By defining punishment levels clearly, the law ensures proportional justice and sends a strong deterrent message to those using the internet or other means to make severe threats.
Cyber-Extortion and Digital Evidence
Cyber-extortion uses electronic channels to threaten individuals into handing over money, data, or other benefits. Under BNS Section 308, such threats are punishable even if they occur entirely online. The Information Technology Act, 2000, complements the BNS by outlining offences involving electronic records and digital signatures. Evidence such as screenshots, IP address logs, call recordings, and server data can be used in court to prove both the threat and its origin. For admissibility, such evidence must be accompanied by a certificate under the Bharatiya Sakshya Adhiniyam, ensuring authenticity. The combination of BNS and IT Act provisions empowers law enforcement to act against both the extortion and the misuse of technology. This integration strengthens prosecution and enables courts to impose stronger deterrent sentences, closing the gap between traditional crimes and cyber-enabled offences.
Filing an FIR Recourse
Victims of extortion under BNS Section 308 can file a First Information Report (FIR) at their local police station. As the offence is cognizable, the police can register the case and start investigating without prior court approval. Victims of cyber-extortion can also report incidents to cybercrime cells, which specialize in tracing digital footprints and collecting electronic evidence. Courts have emphasized that prompt reporting strengthens cases by preventing the destruction of evidence. Once an FIR is lodged, authorities can also invoke relevant IT Act provisions to build a comprehensive case. The law further offers witness protection measures in sensitive cases, safeguarding victims and witnesses from retaliation. These procedural safeguards make Section 308 an effective tool against both traditional and cyber-based extortion attempts.
Judicial Interpretation
Indian courts interpret extortion laws to include threats that cause fear of injury, even if the threat is never carried out. In earlier IPC cases, courts stressed that extortion centers on the combination of threat and dishonest inducement. BNS Section 308 carries forward this principle but with explicit applicability to electronic communication. For instance, in State v. Mohd. Ashraf, the Delhi High Court upheld a conviction for threats made via text messages demanding money, ruling that the medium did not lessen the seriousness of the crime. Similarly, in cases involving ransomware or blackmail using private images, courts have applied extortion provisions alongside IT Act offences. This shows the judiciary’s readiness to treat online threats with the same gravity as physical intimidation, adapting the law to match evolving technology and crime tactics.
Conclusion
BNS Section 308 modernizes India’s approach to extortion by explicitly covering threats delivered through digital channels. By differentiating between basic threats and those involving death, grievous injury, or false accusations, the law ensures proportional punishment and maintains strong deterrence. Combined with the Information Technology Act, it gives cyber-extortion the same legal weight as physical extortion. The admissibility of digital evidence under the Bharatiya Sakshya Adhiniyam strengthens enforcement, while procedural safeguards such as quick FIR filing and witness protection empower victims to seek justice. Courts continue to affirm that fear combined with dishonest inducement lies at the heart of extortion, whether in person or online. In today’s era, where threats often begin on a screen, Section 308 stands as a vital safeguard against the criminal misuse of both language and technology.
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