image

IPC 387

IPC Section 387 – Putting Person in Fear of Death or Grievous Hurt to Commit Extortion | Legal Guide
Section 387 · Indian Penal Code

IPC Section 387 – Putting Person in Fear of Death or Grievous Hurt to Commit Extortion

IPC Section 387 deals with putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion.

Subject: Putting Person in Fear of Death or Grievous Hurt to Commit Extortion
Punishment: Up to 7 years and fine
Classification: Cognizable, Non-Bailable
Trial: Any Magistrate
BNS 2023 Equivalent: Section 308(4)
Status: Repealed from 1 July 2024*
⚡

Quick Answer: What Does IPC Section 387 Mean?

IPC Section 387 punishes a person who, in order to commit extortion, puts or attempts to put any person in fear of death or grievous hurt. The offence carries imprisonment of either description for up to seven years and fine.

The accused must put or attempt to put a person in fear of death or grievous hurt
The accused must commit theft
The property must be in the possession of the master or employer
Punishment may extend to 7 years and fine
The offence was cognizable and non-bailable under the IPC
BNS Section 308(4) now contains the corresponding provision

What is IPC Section 387?

IPC Section 387 deals with putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. The threat may concern the person threatened or another person.

The provision treats theft by an employee against the employer as a specific offence because of the employment relationship and the position in which the property is held.

Example of IPC Section 387

For example, if a person threatens another with death or grievous hurt to pressure them into delivering property, the facts may attract Section 387 if the statutory ingredients are proved.

Important Update: IPC to BNS Transition

The Indian Penal Code was repealed from 1 July 2024. For conduct governed by the new criminal laws from that date, the corresponding provision is BNS Section 308(4). The wording and punishment of BNS Section 308(4) substantially carry forward the offence.

Punishment Under IPC Section 387

IPC Section 387 prescribed imprisonment of either description for a term which may extend to seven years, and fine.

ProvisionLegal Position
IPC Section 387Putting person in fear of death or grievous hurt in order to commit extortion
PunishmentImprisonment up to 7 years and fine
Classification*Cognizable and non-bailable
Trial*Any Magistrate
BNS equivalentSection 308(4): putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion

*Important: These classification details relate to the offence under the IPC framework. The IPC was repealed from 1 July 2024, subject to the applicable saving and transition provisions.

Key Ingredients / Essential Elements of IPC Section 387

1

Threat of death or grievous hurt

The accused must put or attempt to put a person in fear of death or grievous hurt.

2

Commission of theft

The conduct must satisfy the legal ingredients of theft, including dishonest intention and taking property without the required consent.

3

Property in master's or employer's possession

The stolen property must be in the possession of the master or employer.

4

Dishonest intention

The prosecution must establish the dishonest intention required for theft on the facts of the case.

5

Evidence connecting the accused with the taking

Relevant evidence may include records, CCTV footage, witness statements, electronic evidence, recovery and other admissible material.

Complainant / Accused in an IPC Section 387 Case

⚠️

If You Are the Employer / Complainant

  1. Record the missing property and its value.
  2. Preserve CCTV footage, accounts, inventory records and other evidence.
  3. Identify witnesses and document when the property was last seen.
  4. Report the matter to the police and obtain appropriate legal guidance.
⚖️

If You Are Accused

  1. Seek legal representation promptly.
  2. Review whether the property was actually in the possession of the master or employer.
  3. Examine consent, authority, ownership claims and dishonest intention.
  4. Preserve employment records, messages and other evidence relevant to the allegations.

Why Employment Status and Possession Matter

Section 387 is not attracted merely because an employee is accused of taking property. The prosecution must establish the statutory ingredients, including the person's capacity as a clerk or servant, the theft, and possession of the property by the master or employer.

Complaint & Process in an IPC Section 387 Case

STEP 1

Report the Alleged Theft

The employer or other complainant can report the alleged theft to the police with details of the property, circumstances and available evidence.

STEP 2

Investigation

The investigating agency may collect statements, CCTV footage, account records, electronic evidence, recovery material and other relevant evidence.

STEP 3

Examine the Ingredients

The facts are examined to determine whether the accused was employed in the required capacity and whether the alleged conduct amounts to theft of property in the master's or employer's possession.

STEP 4

Court Proceedings

If the evidence supports the offence, the matter proceeds according to the applicable criminal procedure and the court considers the evidence and legal ingredients.

Important Principles on IPC Section 387

Employment Relationship

The Employee's Capacity Matters

Section 387 specifically covers a person who is a clerk, servant, or employed in that capacity. The prosecution must establish the required threat and its connection with the intended extortion.

Principle: The threatening conduct and its purpose are essential parts of the offence.
Possession

Property Must Be in the Master's or Employer's Possession

The section applies to theft concerning property in the possession of the master or employer. Possession and control of the property are therefore important factual issues.

Principle: Ownership and possession should be examined separately on the facts.
BNS Transition

IPC 387 and BNS 308(4)

BNS Section 308(4) carries the corresponding offence into the new law. The punishment remains up to seven years and fine.

Principle: For conduct governed by the new criminal law, BNS Section 308(4) should be considered.

Frequently Asked Questions on IPC Section 387

What is IPC Section 387?+
IPC Section 387 deals with putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion.
What is the punishment under IPC Section 387?+
The punishment is imprisonment of either description for up to seven years and fine.
Is IPC Section 387 cognizable?+
Yes. The offence was classified as cognizable under the IPC framework.
Is IPC Section 387 bailable?+
No. IPC Section 387 was classified as non-bailable.
Which court can try an IPC Section 387 case?+
The offence was triable by any Magistrate.
What are the essential elements of IPC Section 387?+
The main elements include a purpose to commit extortion, putting or attempting to put a person in fear of death or grievous hurt, and the required connection between the threat and intended extortion.
What is the BNS equivalent of IPC Section 387?+
The corresponding provision is BNS Section 308(4), which covers putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion.
Does IPC Section 387 still apply after 1 July 2024?+
The IPC was repealed from 1 July 2024. For conduct governed by the new criminal laws from that date, BNS Section 308(4) applies. IPC Section 387 remains relevant to earlier conduct and proceedings subject to the applicable transition and saving provisions.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify the applicable law and facts of your case with a qualified advocate before taking any legal action.
2,500+Criminal & legal matters handled
20+ CitiesAdvocates available pan-India
15+ YearsCombined legal experience
24x7Support for urgent legal queries

Get Clarity on Your IPC Section 387 Matter

Speak to an experienced criminal lawyer for guidance on extortion, threats, evidence, procedure and the applicable law.

© 2026 Aapka Legal Advice. This page provides general information about IPC Section 387 and is not a substitute for professional legal advice.
Need urgent legal help?📞 Call +91 94797 98899
WhatsApp
GET IN TOUCH

Get Free Legal Advice from
Aapka Legal Advice Experts

(+91) 94797 98899 FEEL FREE TO CALL US