What is IPC Section 385?
IPC Section 385 falls within Chapter XVII of the Indian Penal Code ("Of Offences Against Property"), within the sub-group of provisions addressing extortion (Sections 383 to 389). This section specifically addresses the scenario where a person puts, or attempts to put, another in fear of injury, with the objective of committing extortion — but where the completed offence of extortion (requiring actual delivery of property induced by that fear) has not been achieved.
Section 385 must be understood in relation to the definition of extortion under Section 383, and the base punishment for completed extortion under Section 384. While Section 384 requires that the victim actually delivered property, valuable security, or something convertible into a valuable security as a result of the fear induced, Section 385 catches the earlier stage — the threat itself, made with extortionate intent — regardless of whether it succeeds in inducing delivery. This structure mirrors the general approach the IPC takes to punishing both completed offences and attempts, though here it takes the form of a distinct, dedicated section rather than relying on the Code's general attempt provision (Section 511).
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Sections 383-389 IPC have been consolidated into a single Section 308 of the BNS, with the provision corresponding to Section 385 now appearing as sub-section (3), retaining the identical definition and punishment. FIRs registered before 1 July 2024 continue to be tried under IPC 385; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 385 IPC
This section must be read alongside Section 383 (definition of extortion), Section 384 (punishment for completed extortion), and Sections 386-389 (which prescribe progressively enhanced punishments for extortion, or attempted extortion, accompanied by threats of death, grievous hurt, or false accusation of a serious offence).
Punishment Under Section 385
| Imprisonment | Imprisonment of either description (simple or rigorous) for a term which may extend to 2 years |
|---|---|
| Fine | Or with fine, or with both imprisonment and fine |
| Nature of Offence | Cognizable — police can register an FIR and investigate without a warrant |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Not compoundable |
| Triable By | Any Magistrate |
| Related Provisions | Section 383 (definition of extortion), Section 384 (punishment for extortion), Section 386 (extortion by fear of death/grievous hurt) |
Key Ingredients / Essential Elements
Putting or attempting to put a person in fear
The accused must have created, or attempted to create, a state of fear of injury in the victim's mind.
The fear must relate to some injury
The threatened harm must qualify as "injury" within the meaning of the Code, as defined under Section 44.
Intention to commit extortion
The act of putting or attempting to put the person in fear must specifically be done with the purpose of committing extortion — that is, to eventually induce the delivery of property or a valuable security.
Actual delivery of property is not required
Unlike the completed offence under Section 384, Section 385 does not require that the victim actually delivered any property as a result of the fear created.
What Should You Do — For Complainants and For the Accused
If You Have Been Threatened for Extortion Purposes
- File an FIR immediately at the nearest police station — being cognizable, the police must register the complaint and begin investigation, even if you did not actually part with any money or property.
- Document the specific threat made, including any recordings, messages, or witness accounts, along with the demand that accompanied it.
- Avoid engaging further with the person making the threat, and consider seeking appropriate protective measures if you fear escalation.
If You Are Accused Under Section 385
- Since the offence is bailable, bail can typically be secured without significant difficulty.
- A key defence is to challenge whether the alleged conduct genuinely constituted a threat of injury made with extortionate intent, as opposed to a legitimate demand, dispute, or communication.
- Consult a criminal lawyer to assess whether the facts might instead fall under civil recovery proceedings, rather than criminal extortion.
FIR & Bail Process Under Section 385
Filing the FIR
Being cognizable, the police are obligated to register an FIR upon receiving information about the threat, even without any actual delivery of property having occurred.
Investigation
Police investigate the specific nature of the threat, the demand accompanying it, and the accused's intent to commit extortion.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Trial
The case is tried before any Magistrate, and being non-compoundable, must proceed through the full trial process.
Important / Landmark Cases on Section 385
Section 385 as the "Attempt" Stage of Extortion
Courts interpreting Section 385 have consistently characterized it as addressing extortion that remained at the stage of threat — the offence is not complete because delivery of property or valuable security has not occurred, distinguishing it from the completed offence under Section 384, which requires actual inducement of delivery.
Distinguishing Sections 383, 384, and 385
Courts have clarified the interrelationship between these three sections: Section 383 defines extortion, Section 384 is the penal section for the completed offence, and Section 385 is specifically for an attempt to commit extortion, applicable where the threat is made but the desired delivery of property has not been secured.