Blackmail is a method of coercion in which a person or group of people is threatened to release or disseminate completely true or false information about them, unless a specific demand is met. . This is usually harmful information that is shared only with relatives or associates rather than the general public. This may include causing physical, mental or emotional harm to the victim or someone close to the victim, as well as threatening criminal prosecution.
This is usually done for personal gain, usually in the form of power, money or property. In accessing our messages, posting reports through online media, reading news, buying supplies, or simply using WhatsApp, none of our normal activity is possible without the use of the web. With different exchanges and large amounts of information being traded regularly, there is a high risk of fragile data being scattered. Web-based media is probably the most recognized stage where the misuse of touchy data of a person leads to online moves. While the web-based media monsters are looking for a way to protect their foundations. A large number of people have succumbed to coercion through web-based media. There has been a huge increase in the number of persons getting affected by cyber crime.
digital trap
India has experienced a rise in the incidence of cybercrime and sextortion during the last decade, effectively blackmailing for sexual gain. Sextortion usually involves a blackmailer who has access to a victim’s private films or photographs. Victims are blackmailed for money, sexual relations, or additional compromising material, with the blackmailer threatening to publish material on the Internet if they do not obey the blackmailer. Revenge pornography is fairly common when one person in a relationship holds graphic material of the other person. Victims are often pressured to remain in relationships, for fear of those graphic photos/videos being exposed online.
People are often blackmailed through morphed images in which their faces have been turned into sexual content. Cyber-stalking is often combined with revenge pornography and sextortion. Such crimes are greatly increased by social networking networks and dating websites. Smartphone applications contribute to the risk because users of video-calling apps are unaware that their videotapes are being recorded. There are phone apps that record WhatsApp audio and video chats, applications that have access to all the content in one’s phone gallery (such as games, photo-editing apps, and social network apps), and recover data from formatted phones. There are systems to do this. One of the most common reasons why people fall victim is the lack of awareness about such phone apps and technology-based capabilities.
Provisions relating to blackmailing under Indian law
- Blackmailing is a form of criminal intimidation, defined in section 503 of the Indian Penal Code as “Whoever damages the body, reputation or property of any other person, or the body or reputation of any such person, so as to that person is interested, makes any harm/threat to cause harm to that other person with the intention of causing him to cause alarm, or as a means to avoid the execution of such threat from him. To be made to do an act to which he is not legally bound, or to omit to do an act which he is legally entitled to do, commits criminal intimidation Is. shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with a combination of both.
- Section 384 can also be used to describe : Extortion is punishable with imprisonment of any kind, up to 3 years, fine, or both. The punishment under this provision is 3 years, and the offense is non-bailable and triable in any Magistrate.
- The victim has a right under section 108(1)(i)(a) of the Code of Criminal Procedure to approach the Magistrate of her area and inform him about the person suspected to be of any obscene material. can distribute. The magistrate has the authority to detain such persons and requires them to sign a bond prohibiting the dissemination of the material. It can act as a deterrent for the accused. This is a quick redressal system as the victim can file a complaint against the accused with the magistrate without providing any concrete evidence.
- Any person who publishes or threatens to publish intimate and compromising images of anyone through any electronic means, including apps and other social media, charged under Section 292 of the Indian Penal Code (IPC) Is.
- If the photograph of a woman is taken with obscenity and distributed without her knowledge, a case of voyeurism under section 354c of the IPC can also be made with the help of other relevant sections of the Information Technology Act (Technology Act). could.
- Other laws governing sexual abuse: the Protection of Women from Domestic Violence Act, 2005 , this law was created to provide support to women victims of domestic abuse; The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, (The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, this act protects a woman from sexual harassment at workplace; Indian Penal Code 1860 Section 354(ad) of the Act provides for punishment for various types of sexual offences; Section 376(2) talks about rape caused by abuse of authority in specific circumstances; Section 108(1) of the Code of Criminal Procedure, 1973 )(i)(a)has been amended to give the victim the power to approach the Magistrate and file a complaint directly to the Magistrate regarding the spread of obscene material; The Protection of Children from Sexual Offenses Act (The Protection of Children from Sexual Offenses Act), 2012 aims to deal with the issues of sexual abuse of children; The Information Technology Act, 2000 also covers certain sexual offenses related to cyber crime.
- Section 66E of the IT Act, 2000 – Violation of confidentiality – prohibits the capture or transmission of photographs of any person without his consent.
- Section 67 of the IT Act, 2000 – Transmitting obscene electronic material – Sharing of pictures or videos to defame anyone is punishable.
- Section 67B of the IT Act, 2000 – Child pornography – If the victim is a minor, is below 18 years of age.
- Section 67A of the IT Act, 2000 – Electronic material containing explicit sexual acts (Sexually Explicit Acts) – Use of hidden cameras to record and share video clips is a punishable offence.
how to deal with blackmail
- The first thing to keep in mind is that you should never take matters into your own hands. If you decide to use threats, you will almost certainly be arrested and the blackmailer will be able to execute his threat. Similarly, complying with requests can sometimes lead to additional demands or even a blackmailer who can forcefully threaten you with all the conditions.
- The police are entrusted with the task of locating the criminals and punishing them. Call them first. Extortion and blackmail are crimes, and it is their responsibility to enforce the law. In some circumstances, the threat is less serious than it actually appears in your mind.
- Follow the instructions of law enforcement, even if they seem to be the opposite. They may force you to go through another round of blackmail at the hands of the perpetrator in order to gather enough evidence to convict you. Alternatively, they may ask you to decline the blackmailer or take other steps to entice them to leave. Take whatever advice is given. The police are trained specialists who understand how to handle these cases and what evidence will be required to ensure that your blackmailer cannot commit this mistake with you or anyone else.
- Of course, the best option is always to contact your attorney for help dealing with these challenging legal problems. As mentioned above, an attorney can not only help you gain a perspective while protecting your privacy, but he or she can also help you navigate the appropriate process to get help in your situation. could. An attorney may be able to propose alternatives that you might not have considered otherwise.
What do you need to know if someone blackmails you on an online platform?
Social media platforms like Facebook, Instagram and WhatsApp make us feel more connected and a day without social media has become unimaginable for the younger generation. Over the years, these platforms have gained immense popularity and attracted millions of users across the globe. Where the benefits of social media for the society are immense, There are disadvantages as well. The other side shows that these platforms are being used by antisocial elements to blackmail others for their own benefit. There have been many incidents of innocent people being blackmailed through WhatsApp and Facebook. Blackmailing is when someone threatens you and demands financial or other forms of benefits. Blackmailing is a serious offense as per the law and it can have a negative effect on the person doing the blackmail. If someone is blackmailing you, you should always seek help from the enforcement bodies. Tolerating silently will have undesired effects on your health and mind. So you should always take help from the law enforcement bodies. Tolerating silently will have undesired effects on your health and mind. So you should always take help from the law enforcement bodies. Tolerating silently will have undesired effects on your health and mind.
- If you are being blackmailed on social media, don’t tolerate it and don’t be silent. Instead, you should combat the blackmailer from the start.
- If you are a victim of cyber blackmail, you should report it to the local police. However, before going to the police, talk to a lawyer and get good guidance on how to track down the blackmailer. This can help you make a strong case. You can prevent blackmailers from blackmailing others by reporting the problem to the authorities.
- Victims of cyber-blackmail can also report crime anonymously at www.cybercrime.gov.in . The Ministry of Home Affairs has created this website for reporting cybercrime. To register a complaint on this website, the victim has to create an account by giving his/her mobile number and name. Victim can also track his/her case on the internet.
- If the victim has reported the incident online at www.cybercrime.gov.in , the complaint will be processed by the concerned police authorities of the States or Union Territories based on the information provided by the victim.
- If you have been the victim of any type of cybercrime, do not delete the perpetrator’s images, emails or other content as doing so makes it difficult to track down the evidence in the virtual world. Consider collecting photographs or printing evidence and reporting the incident on the forum where it occurred, such as a social networking website or blog, where the harassment or crime occurred.
How to file a complaint about cyber crime?
Complaints can be filed anywhere, as cyber crime has no jurisdiction. According to the ARDC (Attorney Registration and Disciplinary Commission), any person can go to three places in any city to complain about a suspicious person:
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cyber cell
They have been specially set up to deal with cyber crime victims. They are under the jurisdiction of the Criminal Investigation Department of the Police Department. You can file an FIR. If a cyber cell isn’t available where you live, file an FIR at the local police station. can enter. If you are unable to register an FIR, you can approach the Commissioner of Police. an FIR Must be registered with the police station.
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National Commission for Women (National Commission for Women)
It is a non-profit organization that assists victims of Internet abuse in dealing with law enforcement. In order to expedite the investigation, the commission has the authority to appoint an inquiry committee with the authority to conduct spot inquiry, collect evidence, examine witnesses and summon the accused.
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Reporting on social media websites
Reporting on social media websites is an option if both of the above options are difficult to do for any reason. Most of these websites have an option to report the crime as the IT Regulations of 2011 require them to take action within 36 hours of receiving the information to prevent the dissemination of objectionable content.
Conclusion
To ensure that everyone can report cybercrime safely and respectfully, the system must have a formal and confidential procedure for receiving and filing complaints. Ensuring that investigations into incidents are done with the utmost confidentiality. More importantly, legal, institutional (sexual harassment committees in universities and schools), and community protection mechanisms (such as NGOs) should be established for these victims. Also legal and psychological support should be given to encourage the victims and hold the abusers accountable. Instead of marginalizing the victims, the society should be aware and accept them. Individuals facing this issue should take a bold step to come forward and speak up. They should be aware of their rights and should not allow the exploiters to thrive on their silence. Thus, the society should encourage the victims to come forward and NGOs and the government can also take measures to create an environment that encourages the victim to share their plight and Don’t give in to the demands of the blackmailers. Other than this, The government should take massive drastic measures to check the rising rates of cyber crimes in India. Most importantly, the government needs to emphasize on protecting the reputation and privacy of the victims.