What is IPC Section 384?
IPC Section 384 prescribes the punishment for "extortion," defined under Section 383 IPC as intentionally putting a person in fear of any injury to themselves or another, and thereby dishonestly inducing that person to deliver property, a valuable security, or anything that can be converted into a valuable security. Common examples include threatening to publish defamatory material or private photographs unless paid, demanding "protection money" under threat of harm, or coercing someone into signing over property using threats.
Section 384 sits within Chapter XVII of the IPC ("Of Offences Against Property"), and forms part of a graded scheme of extortion offences: Section 385 (putting a person in fear in order to commit extortion, an attempt-level offence, up to 2 years), Section 386 (extortion by putting a person in fear of death or grievous hurt, up to 10 years), and Sections 387-389 (further aggravated forms involving threats of accusation of serious offences). The essential distinguishing feature from theft is that in extortion, the victim's fear-induced "consent" leads to delivery of the property, whereas theft involves taking property without any such consent.
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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 384 IPC now corresponds to Section 308 of the BNS, which retains the identical punishment of imprisonment up to 3 years, fine, or both. FIRs registered before 1 July 2024 continue to be tried under IPC 384; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 384 IPC
"Extortion" itself is defined under Section 383 IPC: whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion."
Punishment Under Section 384
| Imprisonment | Up to 3 years (simple or rigorous) |
|---|---|
| Fine | Fine, or imprisonment and fine both may be imposed |
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without a warrant |
| Bailable / Non-Bailable | Non-Bailable — bail is at the discretion of the court, not a matter of right |
| Compoundable | Not compoundable — the case cannot be withdrawn or settled directly between the parties |
| Triable By | Any Magistrate (though ordinarily requiring a warrant to be issued in the first instance) |
| Limitation Period | 3 years from the date of the offence under Section 468 CrPC |
Key Ingredients / Essential Elements
The accused intentionally put a person in fear of injury
There must be a deliberate act creating fear of injury to the victim, or to someone in whom the victim is interested.
The fear dishonestly induced delivery
The fear must have been the reason the victim delivered property, a valuable security, or something convertible into one — with dishonest intent on the part of the accused.
Property, valuable security, or a similar item was actually delivered
Actual delivery of the property is essential to complete the offence of extortion — a mere threat without delivery falls under the lesser offence of attempted extortion under Section 385.
Dishonest intention on the part of the accused
The accused must have intended to cause wrongful gain to themselves, or wrongful loss to the victim, through the extortion.
What Should You Do — For Complainants and For the Accused
If You Were a Victim of Extortion
- Preserve all evidence of the threat — messages, call recordings, emails, or witness accounts of the demand and the fear created.
- Report the matter to the police immediately, since the offence is cognizable, and avoid making any further payment while the complaint is being processed.
- If digital payments or bank transfers were involved, retain all transaction records to trace the flow of money.
If a Complaint Is Filed Against You
- Since bail is not automatic, consult a criminal lawyer promptly to apply for anticipatory or regular bail.
- Gather evidence relevant to the actual nature of the transaction — for instance, whether the payment was a legitimate debt repayment rather than extortion.
- Note that since the offence is non-compoundable, the case cannot simply be withdrawn even if the complainant wishes to settle.
FIR & Bail Process Under Section 384
Filing the FIR
Being cognizable, the FIR can be lodged directly at the police station under Section 154 CrPC (now BNSS), supported by evidence of the threat and the property delivered.
Investigation
Police investigate the nature of the threat, trace payments or property transfers, and gather witness statements and digital evidence.
Bail Application
Being non-bailable, the accused must apply for regular or anticipatory bail; courts consider the gravity of the threat and the amount or nature of property involved.
Trial
Since the offence is non-compoundable, the matter proceeds to trial before a Magistrate unless the prosecution itself withdraws it.
Important / Landmark Cases on Section 384
Delivery of Property Is Essential to Complete the Offence
Courts have held that where the inducement caused by the wrongdoer produces its result — even if the victim merely consents to deliver property without actual physical handover due to fortuitous circumstances — the offence of extortion is complete; but if it fails to produce this effect, the offence remains only at the stage of an attempt under Section 385.
Threats to Release Compromising Material Constitute Extortion
Courts have convicted accused persons under Section 384 (along with Section 506, criminal intimidation) where a threat to release damaging photographs or private information on a public platform was used to extract money from the victim.