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Writer's pictureLead India
May 11, 20234 min read

Would Someone Get In Trouble By Blackmailing Anyone ?

A method of coercion where a person or group of people are threatened with releasing or publicising either substantially true or false information about them unless specific demands are met is called blackmailing. Usually, it is harmful information which could only be shared with relatives or associates and not the general public.


It may include threatening the victim or someone closer to the victim with physical, mental, or emotional harm resulting in a criminal prosecution. Blackmailing is mostly done for personal benefit of the wrongdoer, generally for power, money, or property. For further information, it is advised that you seek professional assistance from an experienced criminal lawyer in gurgaon or a criminal lawyers in delhi.


Provisions related to blackmailing under Indian law

  • Blackmailing is a criminal intimidation defined under Section 503 of the Indian Penal Code as- whoever has threatened another person or with someone such person cares about with an injury to his person, reputation, or property, with the intent of causing an alarm to that person, or to omit to do some act which such person is legally entitled to do, as means of avoiding doing any act which the victim is legally entitled to do. Such criminal intimidation could result in a sentence of up to two years, or fine or both.

  • Section 384 could be used to describe blackmailing as- Extortion, which is punishable by imprisonment for a period of up to three years, a fine, or both.

  • The victim has the right under Section 108(1)(i)(a) of the CrPC to contact the magistrate of her area, informing him/her about the person she suspects would distribute any obscene matter related to her. The magistrate would have the authority to detain such individuals and have them sign a bond prohibiting them from publicising such materials. This could also serve as a deterrent to the accused. This is a quick remedy as the victim can file a complaint with the magistrate without providing any concrete evidence against the accused.

  • An individual publishing or threatening so as to disclose intimate and compromising images of the victim through the electronic means, including apps and other such social media platforms, has been provided under Section 292 of the Indian Penal Code, 1860.

  • A voyeurism case could be launched under Section 354C of the IPC together with other pertinent sections from the Information Technology Act in the event that certain intimate pictures of a woman have been obtained and shared without her consent.

  • Other laws govern sexual abuse:

  • The Protection of Women from the Domestic Violence Act, 2005

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

  • Section 354(Ato D) of the IPC for the punishment for different kinds of sexual offences

  • Section 376(2) of the IPC- rape as an abuse of authority in specific situations

  • Section 108(1)(i)(a) of the CrPC- to contact the magistrate directly in case of circulation of obscene materials.

  • The Protection of Children from Sexual Offences Act, 2012

  • Information Technology Act, 2000 for sexual offences dealing with cyber crime

  • Section 66E of the IT Act, 2000- provides about the violation of privacy

  • Section 67 of the IT Act, 2000- mentions about the transmitting obscene electric material

  • Section 67B of the IT Act, 2000- about the child pornography

  • Section 76A of the IT Act, 2000- Electronic material about sexually explicit acts using the hidden cameras to record and share clips


Dealing with blackmail

  • The first point to keep in mind is that you must never take issues into your own hands. If you decide to use threats for blackmailing, you will most certainly be arrested and the blackmailer will be able to complete his or her threat.


  • Extortion and blackmail are crimes as per the law and it is the responsibility of the police to enforce the law. In certain situations, the threat of danger is way less severe in reality than it is supposed to be in your mind. The police are trained specialists who know how to handle the cases related to the blackmailing and the evidence will be needed so as to ensure that your blackmailer could never abuse you or anyone else again.

Conclusion


In order to ensure that everyone could securely and respectfully report cybercrime, the system should have a formal and confidential procedure for receiving and registering complaints, ensuring that the matter of blackmailing is investigated with promised secrecy.


As could be inferred from the above discussion, the offence of blackmailing is legally punishable and in case you are being threatened by some blackmailing, you must contact an experienced criminal lawyers in lucknow or your own city.


Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to criminal law including the offences such as kidnapping, blackmailing, etc. hence in case you wish to talk to a lawyer or seek free legal advice online, you may contact us.



Call Us: +91–8800788535

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