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Writer's picturethelila500
Sep 21, 20224 min read

IS BLACKMAILING LEGAL AGAINST MENTAL HARASSMENT?

Today we are living in a digital world. The increase in the use of the internet has also given rise to cyber crimes such as cyberbullying, illegal pornography, sextortion, etc. Blackmailing has become one of the highly committed crimes in the country.

Blackmailing is a violation of rights hence making it a criminal offense. It is against the law to share an intimate image of someone without their consent or to threaten to share their images. For professional advice, it is advised to seek guidance from experienced Cyber Fraud Lawyers In Jaipur.


Legal Provisions-


1. Indian Penal Code, 1860-

  • In case someone threatens you with intimate pictures of you, it is a kind of criminal intimidation defined under Section 503 of the Indian Penal Code, punishable with a sentence of up to two years or a fine or both.

  • In case someone is blackmailing you with pictures demanding money in return, then it is extortion under Section 384, which is punishable with an imprisonment of up to three years of punishment or fine or both. Such an offense shall be non-boilable by the magistrate.

  • Any individual who publishes or threatens to disclose any intimate or compromising images of someone through any electronic means, the legal provisions against such an act is provided under Section 292 of the Indian Penal Code.

2. IT Act, 2000-

  • Section 66E of the IT Act, 2000 - capturing or disseminating photos of a person without his/her agreement is prohibited under this provision

  • Section 67 of the IT ACT,2000 - transmission of obscene electronic material, sharing the images or videos so as to defame a person is punishable under this provision

  • Section 67B of the IT Act, 2000 - if the victim is below the age of 18 years of age, it is child pornography prohibited under this section of the IT Act.

Legal action in case someone is threatening you with your video-

Threatening someone is a kind of harassment, punishable by law. You can report such an act to the nearest cyber crime cell, after which they will provide you with guidance.

As per the IT Act, cybercrime could be reported in any of the cyber cells in India as it has a global jurisdiction, irrespective of the matter as to where the said crime was committed.

For further information or guidance regarding the act, it is advised to seek legal opinion from an experienced Cyber Fraud Lawyers In Bangalore.


Mental Harassment-

Mental harassment could be understood as unwanted physical or verbal behavior which offends or humiliates you. A range of offensive behaviors could be counted under it. Commonly, it could be understood as the kind of behavior which is demeaning, humiliating, or embarrassing in nature and would not be acceptable socially or morally. These behaviors could negatively impact a person’s health both mentally or physically.


Mental Harassment in Legal Terms-

As per the Protection of Human Rights Act, 1933, human rights are the rights related to life, liberty, equality, and dignity of an individual guaranteed by the constitution of India. The right to live with dignity is a human right and any form of harassment would be counted as a breach of the right to live with dignity.

Some legal provisions provided under the Indian law related to harassment have been mentioned below-

  • Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013- the Act has defined the harassment of women at their workplace which may include-

a. Physical contact and advances,

b. A demand or request for sexual favour

c. Sexually coloured remarks

d. Forcefully showing pornography

e. Any other kind of unwelcome physical, verbal or non-verbal conduct of sexual nature


  • Indian Penal Code, 1860 - although mental harassment has not been specifically defined under the IPC, however, it could be interpreted under cruelty or torture. Related Sections are as follows-

a. Section 294: obscene acts and songs

b. Section 354: assault or criminal force to woman with intent to outrage her modesty

c. Section 354A: Sexual harassment and punishment for sexual harassment- may include physical contact and advances involving unwelcome and explicit sexual overtures; or a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks.


In case you are being harassed physically or mentally, it is advised to seek legal guidance from an experienced Criminal Lawyer In Noida, so as to have a better understanding of your case and the various legal options available to you.


Conclusion-

Two wrongs do not make one right. If you are being harassed, there are legal provisions available to help you save your rights or to take proper legal action against the wrongdoer. Blackmailing the person from harassing you would not amount to justice, but be counted as another wrong. Hence, it is advised to seek proper legal advice for any of the wrongs committed against you. Lead India offers you a legal team of experienced advocates who have been successfully handling cases related to harassment, blackmailing, cybercrimes, etc, and hence can offer you correct legal assistance.


Call Us: - +91-8800788535

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