What To Do If You Are Getting Blackmailed?

Threatening to divulge private information or execute an undesirable action unless specific demands, usually monetary, are fulfill is known as blackmail. Blackmail, whether via internet sites or verbal threats, is take seriously by the Indian judicial system. It is important to understand your legal rights and pragmatic means to protect yourself and ensure that the blackmailer is punish, especially when being subject to blackmail.  

What is Blackmail?

• As per BNS, blackmail is classified as a genre of extortion which in turn is classified with both criminal intimidation and extortion as a crime. As stated under Section 308 (1) of the BNS, which describes offences as the deliberate threatening of someone either to uncover information or provide a service leaving that person no option. 
• Criminal intimidation involves a threat to cause damage to a person’s reputation or property which falls under section 351 (1) of BNS.
• Under the Information Technology (IT) Act of 2000, cyber extortion, where threats or intimidation occur through digital platforms, is also address, particularly in the sections pertaining to cyber harassment and privacy violations.

Steps to take if You are Being Blackmail

• Remain Composed and Avoid Hurried Responses: Your initial reaction to being blackmail can be to respond right away or to give in to the demands of the person extorting you. However, it is important to keep you cool. Acting out of fear may heighten your risk of the situation and cause the problem to escalate. Inhale, reflect upon the situation, then respond tactically.
• Record the Proof: Collecting evidence is one of the key strategies that can be implement to resist blackmail. Collect any forms of communication you may have with the blackmailer including emails, pictures, recordings, text messages, and call logs. Ensure that each and every one of these records is store in a secure place. It may be difficult when emotions run high, but even the slightest possess evidence should not be eliminate. This is because such material will be crucial in building a case.
• Don’t Continue to Engage: Communicating with the person extorting you might, in fact, encourage them to pursue their objectives. Avoid getting into such situations as much as possible. If they reach you through a different number or account, take note of it, but do not engage.
• Speak with Reliable Friends or Family: Reaching out to trusted friends and family members for assistance can be quite useful. Besides providing emotional support, they might also offer useful advice. If the need arises, they can help with papers or even act as witnesses.
• Speak with a Lawyer: It is reasonable to consider consulting an expert lawyer in the event of blackmail. A lawyer might help in clarifying one’s rights and the necessary steps to take in order to build a case against the threat. Some of the things they might do include explaining the relevant laws, assisting with the filing of a complaint, and advising you on how to deal with further communications.

Legal Recourse for Blackmail in India

Make a Complaint to the Police

Take the nearest police station and lodge a formal report about the distress with the aid of the details that you have collected including the threats posed. 

• Extension of conduct defined as in BNS Section 308 (1) shall also include imprisonment as penalty among the other punishments. 
• Any threats against one’s safety and those concerned with his or her reputation on the other hand are handle by Section 351(1) of BNS (Criminal Intimidation) wherein punishment is also provided by the law in Section 351 (2) of BNS. 
• It is further aggravate by Section 308(2) of BNS, which provides that a person who commits extortion may be imprison for seven years, or otherwise fined, or both.

If the act of extortion was commit in the virtual sphere, some of the provisions of the IT Act shall also be applicable:

• Taking a picture without the consent of the person and distributing it is prohibit by Section 66E (Violation of Privacy).
• Section 67 imposes penalties for the offense of publishing or transmitting obscene materials in electronic form.

Cyber Crime Complaint

• Should the blackmailer employ electronic means of intimidation, you may consider reporting to the authorities the Cyber Crime Cell. 
• The majority of the major cities of India have Cyber Crime Cells where officers are train to manage crimes commit over the internet. Another source through which one can lodge a complaint concerning cyberspace offences is the National Cyber Crime Reporting Portal (www.cybercrime.gov.in.), an online platform design to facilitate the reporting of crimes that are commit in cyberspace.

How to Avoid Blackmail?

• Refrain from sharing naked pictures, bank account details, home addresses, or other forms of personal information unless absolutely needed and to someone you can rely on. Also, keep your online presence to the minimum and think twice before sharing it on social networking sites. 
• Know how to protect your posts and other personal information by using the privacy settings available in your social media accounts. Allow only reliable contacts to view your profile especially when sharing sensitive images or details.

Nonetheless it is a shame to suffer blackmail, one should always bear in mind that there is help available. In other words, stay calm, collect evidence, do not communicate with the blackmailer, and take legal steps to drown the threat out – all of which will allow the victim to cope with the issue. One should also understand one’s rights and the relevant provisions of law for help, especially considering that laws in India provide good protection against both cyber and physical blackmail.

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.