IPC 386 → BNS 308(5): Extortion (Death Fear)

Quick Summary: IPC 386 vs BNS 308(5)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 386 (Extortion (Death 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 (death fear) as BNS 308(5).

What did IPC 386 cover?

IPC 386 dealt with extortion (death fear) — extortion by putting a person in fear of death or grievous hurt. 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(5): What changed in the new law?

No major change. From 1 July 2024, new complaints relating to extortion (death fear) are filed under BNS Section 308(5), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 308(5)

Same - Up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For extortion (death fear), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 308(5) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new extortion (death fear) FIR cites BNS 308(5).
• Law students & citizens: With extortion (death fear), value, the manner of taking and any force used determine which property offence applies and how serious it is.