How to file complaint against Blackmailing?

You might be facing a difficult situation where someone is blackmailing you to circulate a morphed photograph & tarnish your reputation in the society or family. You might be facing a situation where someone is blackmailing you to return sexula favours.

Do not be scared! Gather the courage and take the step against such individuals who are trying to threaten you or harass you. 

Many times, an individual harasses the other individual by blackmailing them, threatening to destroy their reputation and defaming them. Both harassment as well as blackmailing is a crime in India. While harassment is caused by improper and unwelcoming acts, blackmailing is an act of coercion using threats to reveal or publicize false information of an individual. The incidents of blackmailing have increased during the past 2 years of pandemic as reported by the National Cyber Security Coordinator (NCSC) of India. 

Before proceeding to the integral part, you must know which acts constitute blackmailing.

Blackmailing involves-

• Threat to reveal or publicise false information about an individual or true and confidential information.
• Information that lands the individual in false criminal prosecution
• Any threat pertaining to physical, mental, or emotional harm
• Usually done to meet demands of the offender such as personal gain, vengeance, power, position, money, property, etc.

Blackmailing is a serious offence and provision under section 384 of Indian Penal Code can be used to describe it. Blackmailing can also  amount to criminal intimidation. Criminal intimidation has been well defined under the substantive provisions of Section 503 of the Indian Penal Code, 1860. You can also find the present-day definition of blackmailing in the Theft Act 1968 which required four elements to be fulfilled. Blackmailing can also be punished under section 384 of the Indian Penal Code which provides punishments for extortion.

There are different forms of blackmailing, whether online or offline. Based on the nature and circumstance under which blackmailing or harassment took place you can make a complaint of the same. Consult good lawyers at Lead India for filing a complaint on your behalf and deal with the case of blackmailing. Having an accomplished lawyer to deal with these offences and issues will set you stress-free and provide a reliable and prompt response.

What is the next step if stuck in a situation of blackmailing and being harassed?

File a complaint! Yes, do not hesitate to write a complaint and file the same utmost at the nearest police station. This is the first step you can take by registering an FIR with the nearest police station and sending a legal notice of the same to the offender. If in case, blackmailing has been done on the platform of social media or over the internet, along with registering a complaint with the nearest police station, a complaint can also be filed in the cyber cell.

A complaint of blackmailing can be filed online through the National Cyber Crime Portal under two heads, cybercrime against women and children and other cybercrimes.

The most effective way to file a complaint against blackmailing (online cases) is to reach out to a cybercrime cell where individuals who cannot pay costs or lack necessary information can still make a written complaint of the same. You have to provide your details such as name, contact number, and email address along with the act of blackmailing and details of the offender as known at that time. 

If you are the one and unable to seek help from other authorities, you can visit the National Commission for Women to file a harassment or blackmailing complaint.

Conclusion:

Blackmailing is a serious crime and carries sanctions and punishments. Blackmailing takes place when an individual threatens you and asks for financial or any other forms of benefits.  Anyone facing this issue must come forward and speak up. One should also be aware of his/her rights and not give the exploiter a chance to thrive on their silence. If you are being blackmailed by someone, you should always seek help from law enforcement bodies. 

We suggest you take advice from an advocate who will help and guide you in a better way to deal with the circumstance. You can consult an expert cyber fraud lawyer in India who will give expert advice concerning your issue and for this you need to Talk to a Lawyer for Free Legal Advice or Ask a Legal Question.