Blackmailing is when a person threatens the other person while setting up a situation in which the person being blackmailed is forced to do a specific action under pressure. But when we talk about the bond between parents and their children, emotional blackmail is incredibly hurtful. Here we will discuss whether blackmailing own parents is a criminal offense or not.
Laws Governing Blackmail
Blackmail is not exactly a criminal offense but it can be construed as a criminal offense under IPC if it falls under the essential elements of the provided provisions. There is no specific provision for blackmail under the Indian Penal Code of 1860 which protects parents against blackmail. But the Indian Penal Code lays down certain provisions which are similar to blackmail. They are:-
Section 383 of IPC- Extortion occurs when, by using force and threats, one person tries to obtain something dishonestly from the other, especially money. For example- ‘A’ (Son), putting ‘Z’ (Parents) in fear of grievous hurt, made a ‘Z’ sign and affixed his seal to a blank paper. In this case, the signed document could become a valuable security. ‘A’ has committed extortion.
It is punishable under Section 384 of IPC with imprisonment for up to 3 years, a fine, or both.
Section 503 of IPC- Criminal Intimidation occurs when one person threatens the other to injure or harm his reputation or threatens the person in whom the person is interested. For example- ‘A’ (Daughter), to induce ‘B’ to desist from prosecuting a civil suit, threatens to burn ‘B’ (Parents) house.
It is punishable under Section 506 of IPC with imprisonment for up to 2 years, a fine, or both.
Section 66D of IT Act- This covers crimes committed online or otherwise by the use of a computer, in which the offender assumes a false identity with the malicious aim to deceive another person.
It is punishable with imprisonment for up to 3 years and shall be liable to a fine of up to 1 lakh rupees.
Blackmail and Extortion: Difference
Blackmail and extortion are both forms of extortion. Despite their differences, extortion, and blackmail both have the same basic principles. But the fundamental difference between extortion and blackmail is that-
Blackmail involves the threat of disclosing sensitive or damaging information,
Whereas extortion involves the fear of bodily injury or property damage.
Essential Elements of Extortion (Section 383 IPC)
If there is a transfer of property by the owner to the extortionist,
If the extortionist should have a bona fide motive to keep the person in fear of harm or injury.
Obtaining delivery of the property with a dishonest intent
Essential Elements of Criminal Intimidation (Section 503 of IPC)
Intention
Threat aimed to alarm the victim
The risk of fear or injury to the victim
Blackmail can be in the form of offline as well as online modes. In a shocking incident in India, a young child from Ghaziabad, age 11, utilized YouTube to master hacking techniques. The child demanded Rs. 10 crores as ransom and threatened to extort his father. He threatened to disclose private photos and family secrets online if the money was not delivered to him. He was then charged under Section 503 of IPC and Section 66D of the IT Act.
Steps for Filing a Blackmail Complaint against Children
Registering an FIR- The parent's first and foremost step should be registering an FIR at the nearest police station against their children. The next step is to send a legal notice of the same through their Lawyers in Gurgaon to their children.
Legal Advice from Expert Lawyers- We also suggest that parents facing such blackmail from their children must take advice from any Criminal Lawyer in Gurgaon who would help and guide them in a better way to deal with this situation. Such parents can also ask any Criminal lawyer for free legal assistance or free legal questions regarding their current conditions to deal with their warm-hearted children.
You can talk to a lawyer through Lead India Law. Lead India Law provides access to free legal advice by providing you with the opportunity to Ask Free Legal Question.
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