Extortion Bail: 384 IPC / 308 BNS Explained

Arrested for extortion under 384 IPC or 308 BNS? Non-bailable doesn’t mean no bail. Learn how bail works, which court to approach, and what to do next.

Extortion Bail in India: Section 384 IPC / Section 308 BNS

Is extortion a bailable or non-bailable offence?

Extortion is a non-bailable offence under Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — the provision that replaced Section 384 of the Indian Penal Code (IPC) after the BNSS came into force in July 2024. Non-bailable means the police cannot grant bail at the station on their own authority — but it does not mean bail is impossible.

Non-bailable does not mean no bail.

This is the single most important thing families need to understand. A non-bailable offence means the decision on bail shifts from the police to a court. The Sessions Court has full discretion to grant bail in an extortion case, and courts regularly do so when the circumstances support it.

Which court do you apply to?

For an extortion case under Section 308 BNSS (formerly Section 384 IPC), the bail application is filed before the Sessions Court. In some situations, the Magistrate’s Court may also be approached at an earlier stage — a lawyer handling the specific case will advise on the right forum.

What does a court look at when deciding bail for extortion?

• The accused’s prior criminal record (or absence of one)
• Whether there is a genuine flight risk
• Whether the accused is cooperating with the investigation
• The nature and gravity of the specific allegations
• Whether there is a risk of tampering with evidence or witnesses

No two cases are identical. The strength of the bail application depends heavily on how these factors are presented.

What should you do right now?

Time matters. The earlier a proper bail application is filed, the sooner the matter can be heard. Do not wait, and do not assume bail is off the table just because the offence is non-bailable.

Connect with a vetted lawyer through Rihai — we specifically help families of undertrial prisoners navigate bail applications for cases like this.