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Section 308(6) of The Bharatiya Nyaya Sanhita (BNS) 2023

Section 308(6) BNS, BNS 308(6)
Section 308(6) BNS, BNS 308(6)

Section 308(6) BNS (BNS 308(6)) As Per The Government of India

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Section 308(6) BNS | BNS 308(6)

(6). Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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Read: Section 308 BNS

Section 308(6) BNS Punishment

SectionPunishmentBy what Court triable
Section 308(6) BNSImprisonment for 10 years and fine.Magistrate of the first class.

Section 308(6) BNS Bailable or Not

SectionBailable or Non-bailable
Section 308(6) BNSBailable

Section 308(6) BNS Cognizable or Not

SectionCognizable or Non-cognizable
Section 308(6) BNSCognizable

BNS Section 308(6) Compoundable or Not

SectionCompoundable or Not?
Section 308(6) BNSNon-Compoundable

Frequently Asked Questions (FAQ)

What is Section 308(6) BNS (BNS 308(6))?

Section 308(6) BNS, also known as BNS 308(6), addresses a specific type of extortion involving threats of false accusations. This section deals with cases where a person threatens to accuse someone of a serious crime to coerce them into giving up money or property. If you’re curious about how the law handles such situations, this article will break down what this section entails and the penalties involved.

What Does Section 308(6) BNS Cover?

Section 308(6) BNS focuses on extortion that involves putting someone in fear of being falsely accused of a serious crime. These serious crimes could include offenses punishable by death, life imprisonment, or a term extending up to ten years. The law treats threats of such false accusations with utmost seriousness. Here’s a closer look at the details:

  • Imprisonment: If someone threatens to accuse another person of a serious crime to extort money or property, they could be sentenced to imprisonment for up to ten years. This reflects the severity of using false accusations as a tool for coercion.
  • Fines: Along with imprisonment, individuals convicted under BNS 308(6) may also face a fine. The fine serves as an additional penalty and aims to further deter such extortionate behavior.

How Does Section 308(6) BNS Apply?

To understand the application of BNS 308(6), let’s look at some scenarios where this section would be relevant:

  • Threatening False Accusations of Serious Crimes: Imagine someone threatens to falsely accuse another person of a crime that could lead to severe penalties, like life imprisonment or even the death penalty, unless they hand over money. This constitutes a crime under Section 308(6) BNS. The law takes such threats very seriously, and the accused could face up to ten years in prison.
  • Coercing with Threats of Serious Charges: If a person uses the threat of a serious charge to force someone into compliance, such as demanding property or money, they are committing an offense under this section. The threat of being accused of a crime punishable by death or life imprisonment is treated with high gravity.
  • False Accusations Affecting Others: The law also covers threats that involve falsely accusing someone else of a serious crime to extort money from the intended victim. For example, if someone threatens to falsely accuse a victim’s family member of a grave offense unless the victim pays a ransom, this too falls under BNS 308(6).

Why Section 308(6) BNS Is Important

Section 308(6) BNS is crucial for several reasons:

  1. Preventing Abuse of the Legal System: By penalizing threats of false accusations, the law helps prevent the misuse of legal threats to extort money or property. It ensures that the fear of being wrongly accused does not become a weapon for extortion.
  2. Protecting Individuals from Coercion: This section safeguards individuals from being pressured into giving up their assets through intimidation involving false legal claims. It ensures that the threat of severe legal consequences is not used to unjustly coerce people.
  3. Maintaining Justice and IntegrityBNS 308(6) upholds the integrity of the legal system by addressing and punishing those who attempt to exploit it for personal gain. It ensures that serious threats, whether real or false, are met with appropriate legal repercussions.

Legal Framework and Enforcement

The enforcement of Section 308(6) BNS involves thorough investigations by law enforcement agencies. When a case of extortion involving false accusations is reported, police work to gather evidence of the threats made. If the evidence supports charges under this section, the case is brought before the court, where the accused can face up to ten years in prison and a fine.

This section is an essential part of the legal framework designed to protect individuals from serious forms of extortion and ensure that the threat of false accusations does not go unchecked. It reinforces the legal system’s commitment to justice and fairness.

Conclusion

Section 308(6) BNS addresses extortion involving threats of false accusations for serious crimes, including those punishable by death or life imprisonment. It stipulates that individuals convicted under this section can face up to ten years of imprisonment and a fine. By understanding BNS 308(6), people can better grasp the serious legal consequences for using false accusations as a means of coercion. This section plays a critical role in maintaining justice and preventing the abuse of legal threats for extortion.