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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What is the difference between extortion and criminal intimidation and how do I file a complaint for each? is governed in India primarily by Bharatiya Nyaya Sanhita 2023, Section 308, Bharatiya Nyaya Sanhita 2023, Section 351 and Bharatiya Nagarik Suraksha Sanhita 2023, Section 173. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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.

What to do next: 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 — most remedies under Bharatiya Nyaya Sanhita 2023, Section 308 carry limitation periods, and a delay you cannot explain 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 this practice area.