Blackmail is a method of coercion that involves threatening to divulge or publicize either significantly accurate or inaccurate details about an individual or people unless specific demands are met. It is frequently negative information that is disclosed to members of the family or friends rather than the general public.
Threats of physical, mental, or emotional harm and criminal prosecution may be used against the sufferer or anyone close to the victim. It is usually done for personal benefit, most often for reputation, money, or property.
For blackmail to be effective, the blackmailer should have definitive evidence of the material they threaten to reveal, such as photos or letters. It is frequently done for personal benefit, which could be power, wealth, or real estate. Money or favors are frequently demanded in exchange for such information.
If sufferers do not agree with the blackmailer's demands, they may face the consequences of a previous illegal act. As a result, in the vast majority of cases, victims agree with the blackmailer's demands, report the problem to the authorities, or take the matter into their own hands.
Law against Blackmailing
According to IPC Section 503, blackmailing is explicitly defined as a type of criminal intimidation. Attempts to harm the image of any dead individual in whose demise the individual threatened is interested are included in this section. The purpose must be to hurt the sufferer or anybody else in whom he holds a vested interest. Even if the offender has no way to execute his plot, it must be present in his thoughts. Criminal intimidation is punishable with imprisonment of any kind for up to two years, a fine, or a combination of the two.
Extortion is a crime under Section 383 of the IPC, which states that it happens when a person deliberately puts another person in fear of violence against themselves or another person, and then dishonestly forces that person to transfer any assets or thing of value or anything certified or sealed that can be changed into a valuable security, to another person. Extortion is punishable by imprisonment of any description for a term of up to three years, a fine, or both.
Section 292A of the IPC states that anyone who prints or creates to be published in any newspaper, periodical, or circular, or displays or causes to be displayed, to public view, or disseminates or causes to be distributed, or in any other way puts into circulation any photo or any written or printed document that is grossly indecent, scurrilous, or intended for blackmail, is guilty of a crime.
Section 66E of the IT Act stipulates that anyone who knowingly or purposefully captures, publishes, or transmits an image of a private area of another person without their consent, in circumstances that violate that person's privacy, faces up to three years in prison or a fine of up to two lakh rupees, or both.
Sections 67, 67A, and 67B of the Information Technology Act, respectively, make it a crime to post or transfer pornographic material, materials involving sexually explicit activities, and material depicting children in sexually explicit activities in electronic form, according to this section.
On a first conviction (Section 67) - the penalty is imprisonment of either description for a term of up to three years, with a fine of up to five lakhs, and
For the subsequent conviction (Section 67) - confinement of either description for a term of up to five years, with a fine of up to ten lakhs
The penalty for a first conviction (Sections 67A and 67B) - detention of either description for a maximum of five years, with a fine of up to ten lakhs, and
For subsequent conviction (Sections 67A and 67B) - either time in jail for a maximum of seven years, with a fine of up to ten lakhs.
Judicial Pronouncements
In the case of Ghulam Mohammad v UT of Ladakh, the appellant filed an FIR alleging that the defendant intended to go viral with a recording of the video's personal scenes only if the plaintiff paid 80,000 rupees to him. In this case, the accused had already deleted the films from his phone, and none of the allegations against the defendants entail a prison sentence of more than seven years. As a result, the accused was given bail.
You will need a lawyer to convict the accused person for blackmailing you. If you want to file cases for blackmailing in Lucknow, then Criminal Lawyers In Lucknow can be hired, and if you want to file cases for blackmailing in Gurgaon, then Criminal Lawyer In Gurgaon can be hired. Similarly, Criminal Lawyers In Delhi can be hired if you want to file cases for blackmailing in Delhi.
At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.
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