Can Police Send Someone To Jail In A Blackmailing Case ?

Blackmail is the kind of coercion in which a person or a group of people are threatened with releasing or disseminating either substantially true or false information about them unless the demands they made are met. It is usually harmful information which could only be shared with relatives or associates and not the general public.

It can include threatening the victim or someone related to the victim with physical, mental, or emotional harm, as well as criminal prosecution. In case you wish to seek professional advice, you are advised to contact an experienced criminal lawyer in delhi.

The digital trap

India in recent times has experienced an upsurge in incidents of cybercrime and sextortion, which is mostly in the form of blackmailing for sexual advantage, during the last decade.

Sextortion is the kind of crime which usually involves a blackmailer who has access to the victim’s personal films or photos. A victim could be blackmailed for money, sexual favours, or additional compromising material, with a threat from the blackmailer of publishing the material they might have on the internet in case they do not comply with the demands.

When one of the partners in a relationship keeps graphic material of the other during their relationship, revenge pornography is mostly common. With fear of graphic photos/videos being exposed online, victims of these blackmails are frequently pressured to stay in relationships.

Provisions related to blackmailing under Indian law

• Blackmailing is the kind of criminal intimidation and has been defined under Section 503 of the Indian Penal Code as- whoever threatens another person or any other person he is related to with an injury to his person, reputation, or property, with an intent to cause alarm to such person, or to omit to do any such act which such person is legally entitled to do, as means of avoiding from doing any such act which he/she is legally entitled to do. Such an can result in a sentence punishment up to two years, or a fine, or both.
• Section 384 also describes blackmailing as- Extortion, which is punishable by imprisonment up to three years, a fine, or both. The penalty under this Section is three years, and the offence so committed is non-bailable and triable by a Magistrate.
• UnderSection 108(1)(i)(a) of the CrPC,the victim has the authority to contact the magistrate in her area and inform them about the person which she suspects can distribute any obscene matter. The magistrate would have the authority to detain any such individual and require them to sign a bond from prohibiting them publicising such material.
• An individual publishing or threatening to disclose any such intimate or compromising images of someone through the electronic means, including apps or any other social media, is punishable under the Section 292 of the IPC.
• A voyeurism case could also be filed under Section 354C of the IPC which could also be read with other related Sections from Information Technology Act in case a photo of a lady is taken obscenely or distributed without the knowledge of the victim.
• Other laws governing the offence related to sexual abuse are: The Protection of Women from Domestic Violence Act, 2005, The Sexual Harrassment pf Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which protects a woman against sexual harassment at the workplace; also Section 354(A to D) of the Indian Penal Code 1860 for the punishments for different types of sexual offences; the Protection of Children from the Sexual Offences Act, 2012; Also Information Technology Act, 2000 provides for a few sexual offences related to the cyber-crime as well.

In case you are facing the offences related to the blackmailing, it is advised that you seek further information regarding the law from an experienced criminal lawyer in delhi or a criminal lawyer in ghaziabad.

Lead India offers you a team of experienced advocates who have years long experience of handling cases involving crimes such as blackmailing, murder, domestic violence, etc. hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.

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