In India, cyber blackmailing is a heinous offence and its covered under the laws in various provisions. There are so many legal remedies available to the Victims of cyber blackmailing, including criminal & civil suits, and here we are providing procedural steps to protect their rights.
1. Criminal Remedies
Cyber blackmailing in India is treated as a criminal offence as per the law.
A. Filing a Complaint with Law Enforcement
Cyber Crime Cells: The first step is to file a complaint with the local Cyber Crime Cell or the Police. In India, the government has set up specialized cyber crime cells in most major cities and towns to handle such complaints. The police can investigate the matter and trace the accuse.
National Cyber Crime Reporting Portal: The Indian Government’s National Cyber Crime Reporting Portal (https://cybercrime.gov.in/) allows victims to report cybercrimes, including blackmailing, directly to the authorities online.
B. Criminal Provisions
Extortion: If the blackmail involves threats to cause harm to the victim (such as releasing compromising material unless money is paid), the accused can be charged & punished for the crime according to the sections as per mentioned in the law.
Criminal Intimidation: If the blackmailing includes threats of harm or violence, the blackmailer can be charged & punished for the crime according to the sections as per mentioned in the law.
Voyeurism: If the blackmailing involves personal moment images or videos obtained without consent charged & punished for the crime according to the sections as per mentioned in the law.
Obscenity: If the blackmailer threatens to release obscene material (such as intimate / personal photos), the offender will be charged & punished for the crime according to the sections as per mentioned in the law.
C. Criminal Provisions
The remides provides specific provisions for cybercrimes, including cyber blackmailing:
Violation of Privacy: If the blackmailing involves the sharing of private information or images without consent (e.g., intimate / personal photos), it is punishable under the Sections as per mentioned in the law.
Identity Theft: If the blackmailer uses the victim’s personal details, including social media accounts, without permission for extortion or other criminal purposes, the offender will be charged & punished for the crime according to the sections as per mentioned in the law.
Cheating by Impersonation: If the blackmailer pretends to be someone else (e.g., using fake identities or accounts) to extort money or other favors, the offender can be punished under the Sections as per mentioned in the law.
Publishing or Transmitting Obscene Material in Electronic Form: If the blackmailer threatens to share obscene material online, the blackmailer may be charged & punished for the crime according to the sections as per mentioned in the law.
2. Civil Remedies
In addition to criminal remedies, victims of cyber blackmailing can also pursue civil remedies:
A. Filing a Civil Suit for Damages
Victims may file a civil suits for compensation if they have suffered harm due to cyber blackmailing. The civil suit may include:
Compensation for emotional distress, defamation, and reputational damages caused by the release of private or sensitive information.
Compensation for financial losses incurred due to the blackmailing.
B. Defamation Claims
If the blackmailing involves the spreading of false information, the victim can also file a defamation case / suits according to the sections as per mentioned in the law. Seeking damages for reputational harm caused by the threats or actual publication of defamatory material.
3. Free Legal Advice
It is highly recommended for the victims to consult a cyber law experts or a criminal lawyers who are specialized in cybercrimes / cyber law. These professionals can provide genuine legal guidance to the victims, who can help in filing complaints and for further legal remedies, and can provide ensurance of confidentialty.