Blackmailing is an act of coercing a person or a group of persons by threatening them with the release of some substantially true or false information about them unless they agree to fulfil some specific demands of the blackmailer.
As there is an increase in the usage of the internet, the rate of these crimes has also risen. A huge amount of personal data is being exchanged on the internet, there is always the chance of it falling into the wrong hands, hence leading to cyber crimes.
Digital Crimes.
Cybercrimes and sextortion are sharply rising. Sextortion is the act of blackmailing for money, sexual favours, or for any other act including the threatening of the victim by his/her personal photos or videos being publicised by the blackmailer.
For instance, any such graphic material which was shot during the duration of a person’s relationship and victims are threatened to continue the relationship or to follow through with some other act as the conditions have put forth by the blackmailer.
What are the provisions under the law?
Mentioned under Section 503 of the IPC, blackmailing is the kind of criminal intimidation where the victim is threatened with an injury to his person, property, or some injury to the person whom the victim is related to or have an interest in, with an intent to cause alarm to the victim or in order to make the victim do any act which he won’t do otherwise.
Section 384- extortion and which shall be punished with an imprisonment for a period of 3 years, a fine or both.
Section 108(1)(i)(a) of the CrPC- provides for a victim to contact the magistrate of her/his area and to inform him/her about the person whom she suspects could distribute any obscene matter related to the victim. The said magistrate as per the provision will have the authority to have the accused detained and to require them to sign a bond prohibiting them from publicising such material
Section 292 of the IPC- Any person who publishes or threatens to publish any such intimate or compromising image of someone through any mediums including electronic means or any app or social media account would have caused a criminal offence as has been mentioned under the provision.
Section 354C of IPC- in addition to the provisions provided under the IT act, a voyeurism case can also be filed if some photo of a female is taken obscenely and distributed without her knowledge and permission.
The laws governing the similar issues under sexual abuse are:-
Act of 2013 against sexual harassment of women at work (prevention, prohibition, and redress)
The Protection of women from Domestic Violence Act, 2005
Section 354 (A to D) of the Indian Penal Code,1860- punishment for various sexual offences
Information Technology Act, 2000 covers some of the offences related with the Cyber Crime:-
Section 67 of the IT Act,2000- transmitting obscene electronic material-
Section 67B of the IT Act,2000- child pornography
Section 66E of the IT Act,2000- violation of privacy- prohibits capturing or disseminating photos of a person without permission
Using a hidden camera to record and exchange video clips is a crime, according to Section 67A of the IT Act, 2000
What to do if someone is blackmailing you with a video ?
The first rule is to never put the issues into your own hands. Also, one should never comply with the demands of the blackmailer.
A call should be made to the police informing them of the blackmail, extortions as blackmails are crimes and it is the duty of the police to handle these situations.
It is important that you follow the instructions of the police, whatever the advice is, follow it. The police are the professionals who have the duty to deal with such issues.
Also, you can always contact your lawyer in these kinds of situations. TheBest Lawyers In Bangalore could offer you the most effective advice to deal with such a situation. Your advocate will not only offer you with the best available option but also would ensure that your privacy could not be harmed in any way.
Conclusion.
In case someone is blackmailing you by threatening with your private pictures or videos, it will be considered a cyber crime and you must immediately file a complaint with the cyberwing or with the police.
In case you are not sure about the steps you can take, you may also seek the assistance of the best lawyers who can guide you through the legal provisions which have been provided under such situations as well as the best options available to you in your case.
Lead India has an experienced team of advocates who could deal with the issues related to blackmailing, extortion, cyber crimes and other criminal offences. For any other legal matters involving divorce, maintenance, etc you may contact Lawyers In Chandigarh or Best Criminal Lawyer In Kolkata, hence for any free legal advice or guidance, you can talk to a lawyer through our legal team.
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