Section 308 BNS : Extortion - Bail Procedure and Punishment

Updated on August 17, 2024 01:05:43 PM

Section 308 BNS defines Extortion, previously secured under Sections 383 to 389 of IPC. Extortion is illegal and punishable because it entails making threats to damage a person or their property to get those people's assets or property. This offence includes making threats to harm someone's property or reputation in addition to monetary gains. Until the opposite is demonstrated, the charge of extortion is still pending. However, the accused may request bail by promising to show up for the trial. A thorough explanation of extortion under Section 308 of the BNS is given on this page, together with information on penalties, bail requirements, and sanctions. Examine this offence's legal jargon and real-world consequences.

Bail Provision section 308 extortion, criminal cases, best law firm in delhi
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Overview

Here, is an overview of Section 308 of BNS given below:

Offence Extortion
Section under BNS Section 308
Bail Non-Bailable
Nature of Offence Cognizable
Penalties and Punishments Imprisonment for life or 10 years or Fine or Both
Triable Any Magistrate

Defining Extortion under Section 308 of BNS

Section 308 of BNS clearly defines that -“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 for Offence of Extortion under Section 308 of BNS

In extortion, a threat of false accusations is used against another person in order to obtain money. Threats involve accusing someone of a serious crime punishable by death, life imprisonment, or imprisonment for up to ten years. A person found guilty of such extortion can be sentenced to up to ten years in prison and fined. The purpose of this provision is to prevent coercion or extortion using false accusations.

Bail Provision for Extortion

Here, the complete stepwise procedure of Bail is given below:

Step 1: Seeking Legal Professional help

It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing

Step 2: Application Filing

On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:

  • Accused Details ( ex - Name, Address & Occupation)
  • Nature of Offense
  • Date of Custody or Bail
  • Grounds of Bail
  • Sureties (if applicable) or Guarantees.

Step 3: Hearing on Bail Application

After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.

Step 4: Grant of Bail or Denied

If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest.

The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.

How can “Litem Legalis” help you?

Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."

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Conclusion

BNS Section 308 addresses extortion severely with potential penalties of imprisonment and fines of up to ten years. False accusations are not meant to be exploited for personal gain in the legal framework. A bail procedure adds an additional layer of complexity to extortion cases. Under the BNS, it is crucial to strike a balance between punishments and procedural safeguards to ensure justice and uphold individual rights.

Frequently Asked Questions (FAQs)

What is Bail?

Bail is the temporary release of an accused individual from custody, which usually requires the payment of a fixed amount of fee. It secures their presence at the trial while maintaining their innocence.

What is Bharatiya Nyaya Sanhita ?

The Bharatiya Nyaya Sanhita is the official criminal code in the Republic of India which came into effect on 1 July, 2024 after being approved in December 2023 by Indian Parliament.

Which offences are not applicable for bail?

Terrorism, Rape, Murder, Kidnapping, and Abduction are some of the criminal offences or crimes that are not applicable for bail.

What is the Anticipatory Bail?

Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.

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