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Writer's picturethelila500
Mar 7, 20233 min read

Is Blackmailing In India An Offensive Crime

Blackmailing is a serious offense, and the Indian Penal Code's section 384 can be used to define it. Criminal intimidation can also be used to describe blackmail. Under the substantive provisions of Section 503 of the Indian Penal Code, 1860, criminal intimidation has been clearly defined.

The Theft Act of 1968, which stipulated that four conditions must be met, also contains the modern definition of blackmail. Section 384 of the Indian Penal Code, which deals with extortion penalties, also includes blackmail as a crime.

Usually, this is done for personal gain, which can be power, money, or property. No aspect of our daily lives is feasible without the usage of the internet, including checking our messages, posting reports through online media, reading the news, purchasing supplies, or even just using WhatsApp.

There is a significant risk of sensitive data being dispersed due to the numerous transactions and substantial amounts of information that are traded often. Web-based media is likely the most well-known platform where the improper use of a person's sensitive data results in online actions.

Over the past ten years, cybercrime and sextortion have increased in India, effectively amounting to sexual blackmail. Sextortion typically involves a blackmailer who has access to personal videos or photos of the victim.

Blackmailers threaten to publish material on the Internet if their targets do not comply and demand money, sexual favors, or new compromising material. When one partner in a relationship has graphic images of the other, revenge pornography is fairly prevalent.

Victims are frequently under pressure to stay in relationships for fear that violent images and videos will be made public online.

Legal Provisions:

  • The Indian Penal Code's section 503 defines blackmailing as "Whoever damages the body, reputation, or property of any other person, or the body or reputation of any such person, so that that person is interested, makes any threat of harm or actual harm to that other person with the intent to alarm him or as a means to avoid the execution of such threat from him."

  • Criminal intimidation occurs when someone is forced to perform an act to which they are not legally obligated or when they fail to perform an act to which they are legally obligated. If found guilty, will be sentenced to imprisonment of either kind for a time that may last up to two years.

  • Extortion is punishable by up to three years in prison, a fine, or both, in accordance with Section 384. According to this clause, the maximum sentence is three years, and any magistrate may hear the case without the possibility of bail.

  • According to section 108(1) (i) (a) of the Code of Criminal Procedure, the victim has the right to go to the magistrate in her region and tell him who she believes is distributing any pornographic content. Such individuals may be detained by the magistrate, who also mandates that they sign a bond that forbids the circulation of the material.

  • Anyone charged under Section 292 of the Indian Penal Code (IPC) is one who publishes or threatens to disclose personal and compromising photos of anyone through any electronic medium, including apps and other social media.

  • With the aid of other pertinent parts of the Information Technology Act, a case of voyeurism under section 354c of the IPC may also be brought in the event that an obscenity-laced photograph of a lady is taken and distributed without her consent.

  • The taking or transfer of images of any person without that person's agreement is forbidden by Section 66E of the IT Act, 2000, which deals with confidentiality violations.

  • Section 67 of the IT Act of 2000 states that it is illegal to share images or videos that would disparage another person.

  • Child pornography is prohibited under Section 67B of the IT Act of 2000 if the victim is a minor and under the age of 18.

There are many legal provisions in Indian laws penalizing blackmail. In such cases, it is advisable to seek legal assistance. If the victim lives in Delhi then he can appoint Criminal Lawyers In Delhi. Likewise,

Criminal Lawyers In Lucknow can also be searched for if the person lives in Lucknow. If the victim lives in Gurgaon then a Criminal Lawyer In Gurgaon,can be appointed.

Consult competent attorneys at Lead India to handle the blackmailing case and file a complaint on your behalf. Here you can talk to a lawyer and ask a legal questions. You can even seek free legal advice.

You won't have to worry about anything and will receive a dependable and timely answer if you hire an experienced attorney to handle these offenses and problems.


Call Us: +91–8800788535

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