What is the difference between extortion and criminal intimidation and how do I file a complaint for each?

Question

Someone is threatening me to extract money and also separately threatening to harm me if I do not comply. I want to know which offences apply and how to complain. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What is the difference between extortion and criminal intimidation and how do I file a complaint for each?" turns on Bharatiya Nyaya Sanhita 2023, Section 308, Bharatiya Nyaya Sanhita 2023, Section 351 and Bharatiya Nagarik Suraksha Sanhita 2023, Section 173. The points below set out the position and then what to do about it, in the order it should be done.

Section 308 defines extortion as intentionally putting a person in fear of injury and thereby dishonestly inducing that person to deliver property, valuable security or anything signed or sealed that can be converted into a valuable security, punishable with imprisonment up to seven years.

Section 351 defines criminal intimidation as threatening another with injury to person, reputation or property with intent to cause alarm or to compel that person to do or abstain from doing an act, and it does not require that any property actually be handed over, unlike extortion.

Where the threat is used specifically to obtain money or property, extortion is the appropriate charge, whereas a naked threat intended purely to instil fear or compel conduct without any demand for property is charged as criminal intimidation, and both can apply together where money is demanded under threat.

Both are cognizable offences in most circumstances and an FIR can be registered directly under BNSS Section 173, and where the threat is made anonymously or by electronic message, the message and call records become critical corroborative evidence.

Section 351(3) enhances punishment where the threat is to cause death or grievous hurt or to destroy property by fire, recognising the higher degree of alarm such threats cause.

Practical steps: 1) Preserve all messages, call recordings or written threats received as evidence; 2) File an FIR at the nearest police station describing the specific threat and any demand made; 3) If money has already been paid under threat, disclose the transaction details to support the extortion charge; 4) Consider seeking police protection if the threat is ongoing and credible.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Bharatiya Nyaya Sanhita 2023, Section 308 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.