What Are The Effective Legal Strategies Legal For Dealing With Blackmail Cases?

In modern society, blackmail is a very common offence in which a blackmailer uses force or threat against the victim by using their personal information. In this they manipulate or exploit individuals by revealing their sensitive information related to the victim if the victim does not fulfil demand. Demand can be financial or any specific thing. Due to blackmailing a victim’s life is affect badly. It involves revealing the personal photos or videos, or business data, cyber blackmailing or any confidential conversation, etc.

What is Blackmailing?

Blackmailing is an act in which a person uses threat or force to disclose someone information and secrets against his will to gain or extort money or anything else from the individual. It is a serious crime against the individual by revealing the victim’s information if the demand of the blackmailer is not fulfill.  

Types of blackmailing:

• Nowadays, cyber blackmailing is common in which blackmailing is done on an online platform by the blackmailer.
• Professional blackmailing means in which an employee and employer get blackmail for revealing the office data.
• Digital harassment, in which victims are harass by blackmailers on online platforms.
• Blackmailing for release of the private videos and photos of the victim.
• Blackmailing for financial gain.
• Blackmailing destroys the reputation of the victim if demanding money is not fulfill.

Laws related to blackmailing: The Bharatiya Nyaya Sanhita, 2023

Extortion (section 308): If any individual person extorts the person in fear of injury, fear of death or grievous hurt, to reveal the information held liable for punishment up to 2 years, or with fine, or with both.

Punishment of extortion (section 384)

Information Technology Act, 2000

Section 66E: In this section, the individual person liable for punishment for violation of privacy it includes transmit, capture private photos, publish and make available for public, etc. will liable  up to 3 years or with fine not exceed 2 lakh rupees, or with both.

Section 67: Punishment for publishing and transmitting obscene material in the form of electronic devices shall be liable for imprisonment for first time conviction is up to 3 years and fine up to 5 lakh. If a person convicts for a second time then liable for imprisonment up to 5 years and fine up to 10 lakh rupees.

Section 67A: punishment for publishing or transmitting material containing sexual acts, etc. in electronic form shall be liable if first time conviction up to 3 years and fine up to 10 years. If an offender convicts for a second time shall be liable for imprisonment upto 7 years and fine 10 lakh rupees.

So that if any person harasses and threatens to reveal and publish personal information, pictures, confidential communication, etc.   And demand money or anything in return will be held liable in the above provisions.

What practical steps should be taken against a blackmailer?

• Victim first takes a breath and works calmly, no need to panic in this situation.
• Then collect all evidence related to blackmailing, which helps in coming out from blackmail and save all the details which are related to blackmail.
• Contact the expert lawyer so they can guide you in a better way.
• Then lawyers help you in filing the complaint to the police regarding blackmailing online or offline which is comfortable.

What are the legal strategies against blackmailers?

Firstly, the victim should file a complaint against the blackmailer to the police or authorities who are dealing with the blackmail cases or call on 1930 a helpline number of the cyber cell. 

Secondly, consult an expert lawyer so that they can help you in obtaining the restraint order from the court to prevent you from harassing.

Thirdly, store and collect all the documents of communication of the blackmailer.

Fourthly, take help from an expert lawyer to frame charges against the blackmailer and know about which action can be taken against him.

Fifth, lawyers can help in filling the case for compensation for harm and damage to the reputation of the victim.

Sixth, file criminal charges for threat, extortion, defamtion of money, leak of private videos or images, etc.

Seventh, take precautions to save your personal information.

Eighth, if you think it is possible to negotiate then take help of a lawyer to negotiate with the blackmailer.

What precautions should be taken against the blackmailer?

• Personal information should not be share on any online platforms and with strangers.
• The password of the accounts must be double verified and kept updated.
• If you receive any amount from an unknown source, you must verify the account.
• Avoid talking with the stranger and sharing any personal information.
• If you have any doubt that someone is trying to exploit you then consult the lawyer and take advice for further steps.

Cases related to blackmailing:

Mumbai Police Blackmailing Case (2020), in this case the Court held that many police officers were involve in blackmailing the business and extorting large amounts of money from them. A complaint filed against the police officer and arrested for blackmailing.

Kerala Actress Blackmailing case (2020), in this case a female actress was blackmail by a group of individuals for revealing photos and videos and threaten by a group of individuals for online harassment . The court is liable for cybercrime, blackmail, extortion, etc.

Conclusion

Blackmail is a serious and alarming problem that can have bad effects on one’s reputation, property and emotions. Anyone can become a victim of this type of exploitation, so it’s important to understand the risks and take precautions. Blackmail is a criminal offence and punished under law. 

Its different forms are sexual blackmailing, finance blackmailing, digital blackmailing, etc. It harms emotional reputation, and loss of money are common experiences for victims. 

Be aware before sharing any personal information, and maintain security. Take legal advice, take police help, or support from authorities if you are being target. 

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.