What If Someone Is Blackmailing Me Online?

 To harass the other, one person frequently threatens to harm their name, blackmail them, or defame them. Blackmailing and harassing people are banned in India. While unlawful and unwelcoming behaviors are the source of harassment, blackmailing is the use of threats as a form of coercion to reveal or disseminate false information about another person.

Legal Provisions:

Blackmail is a serious offense that can be described under Section 384 of the Indian Penal Code. Blackmailing may also constitute criminal intimidation. Criminal intimidation is clearly described in Section 503 of the Indian Penal Code, 1860.  Blackmailing is also punishable under section 384 of the Indian Penal Code, which deals with extortion.

• According to Indian Penal Code Section 503, criminal intimidation occurs when someone threatens someone with harm to their person, reputation, or property, or to the person or reputation of someone they care about, to cause harm or obstruct them from performing their legal obligations. Criminal intimidation can be penalized with imprisonment of either description for up to two years, a fine, or both.
• Section 384 can also be described as follows: Extortion Punishment - Anyone who commits extortion will be punished with imprisonment of either sort for a duration of up to three years, a fine, or both. According to this rule, the punishment is three years, and the offense is non-bailable and triable in any Magistrate.

Essential Elements of cybercrime blackmail:

• A threat to divulge or publicize false information about an individual, as well as accurate and confidential information.
• Information that results in fraudulent criminal prosecution.
• Any threat of physical, mental, or emotional harm.
• Usually done to suit the offender's demands for personal gain, vengeance, power, position, money, property, and so on.

What if someone is blackmailing me online?

Raise a complaint! Yes, please make a complaint as soon as possible at the nearest police station. The first thing you should do is submit a formal complaint (FIR) to the local police station and serve a legal notice to the criminal. In addition to filing a complaint with the nearest police station, if blackmail occurs online or on social media which is an electronic crime, a complaint can be made with the cyber cell or can report cybercrime online.

A blackmail complaint can be made online through the National Cyber Crime Portal under two categories: cybercrime against women and children, and other cybercrime.

The most efficient technique to submit a complaint against blackmailing (online cases) is to contact a cybercrime cell, where persons who are unable to pay the expenses or lack the necessary information can still file a written complaint. You must include your personal information, such as your name, phone number, and email address, as well as the act of blackmailing and the offender's information as it was known at the time.

If you are the victim and are unable to seek support from other authorities, you can submit a harassment or blackmail complaint with the National Commission for Women.

Case Law:

According to the National Crime Records Bureau, blackmail instances in India have increased in recent years. In 2020, there were over 5,000 reports of blackmail across the country. This concerning trend underlines the necessity for a strong legal framework to confront and prevent blackmail.

Ravi Kumar v. State of Maharashtra was a landmark case that influenced Indian blackmail law. In this case, the accused was found guilty of employing threats to extract money from the victim. The court determined that the evidence presented indicated the accused's purpose to blackmail and intimidate the victim, resulting in a conviction under Section 506.

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