Threats to disclose details regarding another individual that could harm them or someone close to them is involved. The purpose of blackmail is for the supposed victim to give over something of value.
There is no explicit statute against blackmail in India. But that doesn't mean you can't get arrested for it. Extortion as well as criminal intimidation, the criminal offenses, is the charge of these offenses. You might receive a prison sentence if found guilty.
Blackmail: What Is It?
Blackmail usually happens when somebody threatens to hurt someone else.
They might say, for instance, that they're going to-
Report their engagement in a crime
Divulge revealing or delicate details about them or
Tell us the person's immigration status
The victim is threatened with being forced into doing something that will prevent the reveal from occurring. Cash, goods, services, or anything else which has a value that falls under the category of blackmail is given to the suspected perpetrator.
What Laws Apply to Blackmail in India?
Blackmailing Which Amounts to Criminal Intimidation (Section 503 of IPC) - Criminal intimidation is committed when someone threatens someone with harm to their person, reputation, or property, or to the individual or reputation of someone in whom they have an interest, with the aim to cause that person harm or to omit to do something for which they are legally obligated.
Term- Criminal intimidation is a crime that carries a potential two-year sentence for imprisonment of any kind, a fine, or a combination of the three.
Blackmailing Which Amounts to Extortion (Section 384 of IPC) - Extortion occurs when a person purposefully instils fear in another person to ensure their own protection or the safety of others and then coerces them using dishonesty to hand over any assets, priceless assets, or anything that must be signed or sealed to become a priceless security.
Term- Extortion of any kind is punishable by imprisonment of any kind for a time that may last up to three years, by a fine, or by both.
Sextortion (Blackmailing through Web)
In order to extract sexual services from the victim, sextortion uses non-physical means of compulsion. Sextortion refers to both the wide category of sex trafficking in which the use of coercion through the abuse of power and through the threat of the release of sexual photographs or information is involved.
Sextortion also describes a type of blackmail in which the victim is coerced into performing sexual favors in exchange for sexually explicit information or photographs.
Sexually explicit content is frequently created and threatened to be shared on social media and through text messages. Those who are extorted using a naked image of themselves that they posted online through sexting are an example of this kind of sextortion.
According to Sections 67, 67A, and 67B of the Information Technology Act, it is unlawful to publish or communicate obscene material, material displaying sexually explicit conduct, or material depicting children in such acts through the web.
Moreover, threats to accuse the victim of paedophilia have been made on occasion. Blackmail via the web is what this is. There has reportedly been an upsurge in blackmail through the web, which affects both men and women, young and old.
Judicial Pronouncements
The defendant in the case of Ramesh Chandra Arora v State was charged with criminal intimidation for allegedly intending to publish a naked picture of Mr. Romesh's daughter and her if "ransom money" was not paid to him.
It was clear that the intention was to intimidate and extort them. According to Sections 503 and 506 of the Indian Criminal Code, the trial court found the defendant guilty, and the Apex court upheld the decision.
You will require legal counsel to file a blackmail lawsuit against any person who threatens you. A Criminal lawyer in Pune can be hired if you want to register a blackmail case in Pune, and a criminal lawyer in ghaziabad can be hired if you want to file a blackmail case in Ghaziabad. Similarly, if you wish to register a blackmail case in Delhi, you can employ a criminal lawyer in delhi.
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