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Dec 94 min read

Are You A Victim Of Extortion? How To File A Complaint Under Section 308 Bns?

Extortion, The Nature Of Unlawful Offense, Generally Does Not Restrict Itself To Threats Capable Of Making An Individual Or An Offender Surrender Property, Money, Or Services. In This Way, It Can Create A Sense Of Absolute Helplessness Within The Persons And The Possible Ways Of Acting Might Become Completely Obscure. In India, Extortion Is Penalized Under Section 308 Of The Bhartiya Nyay Sanhita. It Thus Defines The Punishment For Extortion. In Knowing The Law And The Ways Of Registering A Complaint, You Will Certainly Be Able To Empower Yourself In Case You Or Anyone You Know Has Been Subjected To Extortion.

Extortion: About


According To Section 308 (1) Of Bns, Extortion Is Defined As The Act Of Threatening Someone With Violence In The Future And Dishonestly Inducing Someone To Deliver Property Or A Valuable Security. 


For Example: 


  • Blackmailing Someone To Give Money Or Property In Order Not To Harm Him To The Person. 

  • Another Example Is Intimidation To Extract The Signature Of The Person Onto An Instrument Like A Deed Relating To Property Or A Deed Relating To Contract, Etc.


Extortion, Under Section 308 (2) Of The Bns, Has Severe Punishment. However, It Is Mandatory Before One Understands How To File A Case Of Extortion. 


  • Imprisonment For Up To Seven Years, Or

  • A Fine, Or

  • Both Imprisonment And Fine.


Key Elements Of Extortion


To Qualify As Extortion Under Bns, The Following Essentials Must Be Present In The Case:

  • Fear Of Injury: The Victim Must Have Been Put In Fear Of An Injury To Himself Or To Another Person, Such As A Relative Or A Close Friend.

  • Delivery Of Property: This Fear Must Compel The Victim To Give Up Money, Property, Or Valuable Security.

  • Dishonest Intent: The Offender Has Acted Dishonestly In Order To Unlawfully Gain Something From The Victim.


Examples Of Extortion


  • Physical Threat: Some Street Boys Demanded Protection Money From A Shop-Owner And Warned Not To Ask For Justice From Police In Case They Refused Their Demand. 

  • Blackmail: A Person Threatens To Expose One's Secrets For Wallet Filling. 

  • Cyber Extortion: Hackers Want Ransom Fees Because Sensitive Data On A Victim's Computer Is Encrypted By Them.


Filing A Complaint Under Section 308 Bns

Gather Evidence:


In Order To Strengthen Your Case, Keep And Collect All The Possible Evidence Indicating That You Were Extorted; For Example: 

  • Text Message, Email Or Letter Threatening. 

  • Audio Or Video Recording Of The Threats Or Demands. 

  • Witnesses Who Saw The Incidence. 

  • Bank Statement Or Transaction Documents Showing Monetary Transfers.


Approach The Police:

Go To The Closest Police Station And Lodge A First Information Report (Fir). Just Share Everything About The Incident-Short:


  • The Form Of The Threats.

  • The Format In Which The Threat Was Communicated-In Person, Phone, Email, Etc.

  • The Name Of The Person, If Known, Who Made The Threat. 

  • Collect All Evidence You Have On It.


Drafting The Complaint:


If A Complaint Is Being Filed, It Must Include The Following:

  • Your Name, Address And Contact Information.

  • A Detailed Narration About The Extortion Episode.

  • The Section Of Law Being Invoked (Whereas, Section 308 Bns).

  • Request For Immediate Action And Protection.

  • The Police Are Bound To Register Your Fir Under Bhartiya Nagarik Suraksha Sanhita.

Insist On An Fir:


In Case Your Complaint Is Not Registered By The Police, You May: 

  • Go To The Office The Superintendent Of Police Or A Higher-Ranking Officer. 

  • Then File A Written Complaint With The Magistrate, Requesting The Court To Direct The Police To Register The Fir.


Seek Legal Assistance:


It Is Recommended That You Speak With A Criminal Law Expert. They Might:

  • Assist You In Drafting A Complaint In Legal Terminologies.

  • Represent You During Court Proceedings.

  • Advise On Supplementary Remedies Should Such Be Needed.


Follow-Up On The Investigation:


The Police Will Initiate Investigation Once The Fir Is Filed. You Must:

  • Stay In Contact With The Investigating Officer From Time To Time. 

  • Give Other Requested Pieces Of Evidence Or Information. 

  • Keep Yourself Updated Regarding The Case.


Precautions To Avoid Extortion


Though The Law Presents Remedies, It Is Always Safer To Avert The Instances. Some Such Precautions Are:

  • Be Careful Online: Do Not Disclose Any Private Personal Information On Social Media Or On Any Unknown Websites.

  • Affix Your Data: Store Your Account And Devices With Strong Password And Use Encryption.

  • Report Early Signs: If You Feel Someone Is About To Extort You, Do Report.

  • Stay Updates: Know The Rights Which Indian Law Provides To You.


The Extreme Seriousness Of Extortion Is Such That It Can Haunt The Victims Financially And Emotionally For A Very Long Time. Section 308 Of Bns Is A Law That Addresses This Crime And Brings Offenders To Justice. If You Are A Victim, It Is Important Not To Hesitate In Seeking Help. Gather Evidence, File A Complaint, And Work With Law Enforcement And Legal Personnel To Hold The Guilty Party Accountable.

Remember That The Law Is On Your Side, And A Quick Response Would Reduce The Damage Any Further. Stay Well Informed, Vigilant, And Empowered To Combat Extortion.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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