blackmailing and influencing
Guest
(Querist) 14 April 2011
This query is : Resolved
UNDER WHICH SECTION OF IPC/CRPC, WE CAN MAKE A COMPLAINT FOR BLACKMAILING AND INFLUENCING A VICTIM OF AN OFFENCE OUT OF COURT ?
prashant pundhir
(Expert) 16 April 2011
Although you do not need to open any section while giving your complaint,even then section 292A will be admissible. It says-
Section 292A. Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail
Whoever, -
(a) Prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail, or
(b) Sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or
(c) Conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation;
or
(d) Takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased; or
(e) Advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any such newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or
(f) Offers or attempts to do any act which is an offence under this section *[shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months **[and not more than two years].
Explanation I-For the purposes of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person:
Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of-
(i) A public servant in the discharge of his public functions or respecting his character, so far as his character appears in that conduct and no further; or
(ii) Any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further.
Explanation II-In deciding whether any person has committed an offence under this section, the Court shall have regard inter alia, to the following considerations-
(a) The general character of the person charged, and where relevant the nature of his business;
(b) The general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail;
(c) Any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section.
[Vide T.N. Act No. 25 of 1960, sec. 3 (w.e.f. 9-11-1960)].]
