How do I file an extortion complaint if someone is demanding money through threats?

Question

A person is threatening me to extract money or property from me. What section covers extortion and how do I 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

How do I file an extortion complaint if someone is demanding money through threats? is governed in India primarily by BNS 2023 s.308 and BNSS 2023 s.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.

BNS s.308 defines extortion as intentionally putting a person in fear of injury to themselves or another, and thereby dishonestly inducing them to deliver property, valuable security, or anything signed/sealed that can be converted into a valuable security.

Basic extortion is punishable with up to 7 years imprisonment and fine; extortion by putting a person in fear of death or grievous hurt attracts up to 10 years, and extortion by a public servant misusing his position under s.308(5) attracts up to 10 years plus fine.

Extortion is a cognizable and non-bailable offence in most aggravated forms, so police must register an FIR immediately, especially where threats to life are involved.

If the extortion is happening via phone calls, messages or online payment demands, preserve call recordings, screenshots and transaction records, and consider involving cybercrime cells if digital payment apps are used.

Where extortion is linked to organised crime or gang activity, additional State-specific laws (like MCOCA in Maharashtra) or the Arms Act may also apply if weapons were used to threaten.

What to do next: 1) Do not comply with the demand; preserve all evidence of the threat (calls, messages, witnesses); 2) File an FIR immediately at the nearest police station or via the cybercrime portal if online; 3) If payment has already been made, provide bank/UPI transaction records to trace the accused; 4) Seek police protection if the threats are continuing or escalating.

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 BNS 2023 s.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.