Is Blackmailing An Offensive Crime

The expression "blackmail" is frequently used today. Blackmail can take many forms, such as extortion, cyber-blackmail, etc. Blackmail is generally understood to be an act whereby one person threatens another while setting up a scenario in which the individual being threatened is compelled to carry out a particular task under extreme pressure for the sake of his or her reputation, privacy, and most frequently, the wrongdoings they are concealing.

It usually contains negative information, and family members, relatives, close friends, and other individuals you know are more likely to receive it than the wider public.

Laws Governing Blackmail

  • Criminal Intimidation- Section 503 of the Indian Penal Code clearly defines blackmail as a kind of criminal intimidation. This section includes the threats to damage the reputation of any dead person in whose death the person intimidated is interested. Even if the offender is unable to carry out the plan, it must exist in his thoughts. Criminal intimidation is penalized by up to two years of imprisonment, a fine, or a combination of both.
  • Extortion- In accordance with Section 383 of the Indian Penal Code, extortion happens when someone knowingly instill fear in another person, either for their own safety or the safety of others, and then deceitfully coerces that person into giving up any assets, valuable securities, or anything that can be signed or sealed to become a valuable security. According to Section 384 of the Indian Penal Code, extortion is subject to imprisonment of either description for a time which may increase to three years, a fine, or both.
  • Discussion of the Printing and Distribution of grossly Immoral Material for the Purpose of Blackmail- Section 292A of the Indian Penal Code states that any image or printed or written material that is blatantly pornographic, scurrilous, or meant to be used as leverage in blackmail to the public, distributes it, or causes it to be circulated in any way is a criminal offence. 

Sections 66E, 67, 67A, and 67B of the Information Technology Act of 2000 specifically address sexual offenses that entail cybercrime.

  • Punishment for Violation of Privacy- Section 66E of the Information Technology Act states that any person who knowingly and intentionally violates another person's privacy by taking, publishing, or transmitting a picture of a private area without that person's consent is subject to a fine of up to two lakh rupees, up to three years in prison, or both.
  • Obscenity- This provision states that it is prohibited to publish or communicate obscene material, material depicting sexually explicit actions, and material showing children in such acts in electronic form, in accordance with Sections 67, 67A, and 67B of the Information Technology Act, respectively. 

If you are found guilty under the virtue of Section 67 of the Information Technology Act-

  • For the First Offense- you could face up to three years in prison and a fine of up to 5 lakh rupees. 
  • For the Subsequent Offense- you could face up to five years in prison and a fine of up to 10 lakh rupees.

If you are found guilty under the virtue of Sections 67A and 67B of the Information Technology Act-

  • For the First Offense- the penalty is either imprisonment of either for a term of up to five years, with a fine of up to ten lakh rupees, or imprisonment.
  • For Subsequent Offenses- the penalty is either for up to seven years imprisonment or a fine of up to ten lakh rupees.

Role of Judiciary

In the case of Ramesh Chandra Arora v State, the defendant was accused of criminal intimidation for threatening to publish a nude photo of the daughter of Mr. Romesh and her if "hush money" was not given to him. Clearly, the intention was to frighten and blackmail them. The trial court ruled the defendant guilty in accordance with Section 503 and Section 506 of the Indian Penal Code, and the Supreme Court upheld the verdict.

You will need a lawyer to file a blackmail case against any threatening individual. If you want to file a blackmail case in Lucknow, criminal lawyers in lucknow can be hired, and if you want to file a blackmail case in Gurgaon, criminal lawyer in gurgaon can be hired. Similarly, criminal lawyers in delhi can be hired if you want to file a blackmail case in Delhi.

At Lead India, you can talk to a lawyer. You can obtain free legal advice and ask a legal question online free to lawyers at Lead India.

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