MyRights

Fight For Your Rights
Contact
Help

Section 386 IPC EXTORTION |

Section 386 IPC

EXTORTION BY PUTTING PERSON IN FEAR OF DEATH
⚖️ New Law Update: Section 386 of the IPC is now covered under Section 308(4) of the Bharatiya Nyaya Sanhita (BNS).

What is Section 386 IPC?

Section 386 of the Indian Penal Code (IPC) defines an extremely serious offense. This section applies in cases where an individual commits extortion by putting another person in fear of death or grievous hurt.

This section is not limited only to the recovery of money; if a person obtains property, valuable items, or signed documents by intimidation, it also falls under this category of crime.

This law provides protection to those who are coerced by criminals who threaten their lives or the lives of their family members. It is a form of "forced pressure" that is considered inexcusable in society and under the law.

Provision for Punishment under Section 386

If a person is found guilty under Section 386, they may be sentenced to the following:
  • Imprisonment: Rigorous imprisonment for a term which may extend to 10 years.
  • Fine: Along with imprisonment, the offender shall also be liable to pay a fine.

Offense Category of Section 386

The offense committed under Section 386 of the Indian Penal Code is of the following nature:

  • Cognizable: The police can arrest the accused without a warrant.
  • Non-Compoundable: There is no scope for a legal settlement or compromise between the victim and the offender.
  • Triable: This case is triable by a Magistrate of the First Class.

Provision for Bail in Section 386

Section 386 is a Non-Bailable offense. This means that the accused will not be granted bail from the police station upon arrest. The accused must apply for bail only through the court.

Given the severity of the crime, bail petitions are often rejected by the Magistrate Court. The accused then has to appeal to the High Court, which may take 15 days or more due to the legal process.

Frequently Asked Questions (FAQ)

1. Can a compromise be reached in a Section 386 case?

No, this is a Non-Compoundable offense, meaning the victim and the accused cannot legally reach a mutual settlement to drop the charges.

2. Can the police arrest without a warrant?

Yes, it is a Cognizable offense; therefore, the police do not require a warrant to arrest the accused.

3. What is the section number for IPC 386 in the new law (BNS)?

In the new law, Bharatiya Nyaya Sanhita (BNS), Section 386 is now known as Section 308(4).

4. If only a threat was made but no extortion took place, will this apply?

Section 386 specifically applies after "extortion" has been committed. If only a threat was made without any recovery, other sections like 385 or 506 may apply.

5. Is Anticipatory Bail possible in this section?

Since it is a non-bailable offense, obtaining anticipatory bail is very difficult. However, an application can be filed in the Sessions or High Court through a lawyer based on strong facts.