IPC 385 → BNS 308(3): Extortion (Fear)

Quick Summary: IPC 385 vs BNS 308(3)

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 385 (Extortion (Fear)) is now mapped to BNS Section 308(3).

What did IPC 385 cover?

IPC 385 dealt with extortion (fear) — putting person in fear of injury in order to commit extortion. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 308(3): What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to extortion (fear) are filed under BNS Section 308(3). Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 308(3)

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 308(3) instead of IPC 385.
• Police officers: Use BNS 308(3) as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 385 ↔ BNS 308(3) mapping.