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

Quick Summary: IPC 385 vs BNS 308(3)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 385 (Extortion (Fear)) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering extortion (fear) as BNS 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 for this offence 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, new complaints relating to extortion (fear) are filed under BNS Section 308(3), while cases registered earlier continue under the old IPC provision 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: For extortion (fear), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 308(3) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new extortion (fear) FIR cites BNS 308(3).
• Law students & citizens: With extortion (fear), value, the manner of taking and any force used determine which property offence applies and how serious it is.