Introduction
Our lives are so much connected with technology these days and so are the threats. One of the most often occurring cybercrime is online blackmailing, where a person uses pressure or fear to get what they want. This type of extortion can be done using some personal information, money or photos. It is illegal to harass and blackmail anyone in India.
What constitutes online blackmail
Blackmail in simple words, is when someone uses force and threats to get what they want. Blackmail can also happen using online platforms. Online blackmail is also referred to as sextortion or cyber extortion. When someone threatens to share personal information or photos against your wishes on an online platform. The meaning of online blackmail in law can vary from place to place. India considers online blackmail a cybercrime. Whenever someone is blackmailed online, it is required to be reported to the concerned authorities. Blackmail is a serious crime under Indian law.
Legal provisions against blackmail and video blackmail in India
| Legal provisions | Act | What is covered under legal provision | Punishment |
| Section 308 | Bharatiya Nyaya Sanhita, 2023 | Extortion | Imprisonment of up to 7 years, fine or both. |
| Section 351 | Bharatiya Nyaya Sanhita, 2023 | Criminal Intimidation | Varies from case to case |
| Section 294 | Bharatiya Nyaya Sanhita, 2023 | Dealing with obscene material | If the offence is committed for the first time then imprisonment up to 2 years with Rs. 5000 fine. If the offence is repeated then up to 5 years with Rs. 10,000 fine. |
| Section 66E | Information Technology Act, 2000 | Capturing, publishing, or transmitting images of a person’s private parts without consent. | The imprisonment is up to 3 years with fine extending till Rs. 2 lakh. |
| Section 67 | Information Technology Act, 2000 | When obscene material is published or transmitted in electronic form | For the first conviction, up to 3 years of imprisonment along with a fine of Rs. 5 lakhs.If the offence is repeated then imprisonment up to 5 years along with Rs. 10 lakhs in fine. |
| Section 67A | Information Technology Act, 2000 | When sexually explicit material is transmitted or published. | For the first conviction, up to 5 years of imprisonment along with a fine of Rs. 10 lakhs.If the offence is repeated then imprisonment up to 7 years along with fine. |
Steps to follow if someone is blackmailing you online
Following are the steps which can be followed if someone is blackmailing you online.
Stay calm and do not give in to the blackmailer’s demands
The first and foremost important point to consider if you are being a target of online blackmail is to avoid sharing any personal and vital information with the other party. Avoid clicking on suspicious downloaded photos and links; do not share your details with someone you are not closely related to. If the blackmailer gets access to any of your private details, they can use that to threaten you and commit more crimes in the future.
Get out of the situation
If you are currently being blackmailed, then you should immediately stop all the conversation with the blackmailer. You should not comply with any of their demands and immediately proceed to inform the authorities.
Collect and preserve all evidence
Collect and preserve all the details of the conversation as soon as you realise that you are being blackmailed. You can save all the call logs, chats, emails, etc., which are shared between the two of you. All these proofs are very important when you are filing a complaint with the cybercrime department.
Report the incident on the National Cyber Crime Portal
Step 1: Visit the government website to report the crime – https://cybercrime.gov.in/.
Step 2: The next step is to select a category. There are two categories:
- Report Women/Child Related Crime” or
- “Report Other Cyber Crime”.
For online blackmailing cases you have to select the “Report Other Cyber Crime”.
Step 3: register on the website and file the complaint. You are required to upload all your basic details, details of the cybercrime, incident details, suspect details etc.
Step 4: As soon as you complete filing the report, a complaint number will be generated which you can use to track your complaint.
File an FIR at your local police station or cyber cell
You can also file an FIR at your local police station or the cyber cell. You will have to provide all the same information which you previously did at the time of reporting the same on the government website. Government has set up cyber cells in various states so that people who are not able to file a complaint online can seek guidance by visiting the nearest police station or cyber cell.
Consult a lawyer specializing in cyber or criminal law
Other than filing a complaint for online blackmail, another important step is to consult a lawyer who specializes in cyber or criminal law. In these intricate matters it is very crucial to get legal guidance. If the victim is facing any problems in understanding their rights or in drafting a complaint, the legal consult can carry out these duties on their behalf.
Report the blackmailer’s account to the relevant social media or platform
Precautionary measures to avoid getting blackmailed online
- Avoid sharing any sensitive details online with a person who is not acquainted with you.
- When you are interacting with someone new, ensure that you have thoroughly verified their details before sharing any personal information.
- Always check for cameras and other recording devices.
- When using social media platforms ensure that you have enabled all privacy settings.
Conclusion
Online blackmail cases also known as cyber blackmailing is a serious cyber crime which should be addressed with urgency. There are many legal provisions in India which provide protection to victims of cyber blackmail. With technology advancement and the increase of digital gadgets in our daily life no one is immune to threats which are lurking on online platforms.
Frequently Asked Questions (FAQs)
Do blackmailers give up if you block them?
Yes, this is an indirect message to step conversing, but ensure that you have not shared any important details with them.
What to do if someone blackmails you on WhatsApp in India?
First of all report the number to Whatsapp, collect all the evidence and file a complaint against the person.
References
- https://journals.sagepub.com/doi/10.1177/26318318221096755?icid=int.sj-abstract.citing-articles.19
- https://www.researchgate.net/publication/361614520_Characteristics_of_Cyber_Sextortion_in_India_Content_Analysis_of_Online_Newspapers
- https://timesofindia.indiatimes.com/city/madurai/minor-arrested-for-online-blackmail-college-girls-targeted-by-morphed-photos/articleshow/114632789.cms
- https://indianexpress.com/article/cities/pune/after-5-day-trauma-of-cyber-blackmail-74-yr-old-forced-to-part-with-rs-97-lakh-9496984/
