LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Threat to heart attack

Guest (Querist) 02 April 2013 This query is : Resolved 
Can someone attempt to extort money by putting a person in fear of heart attack. "give me money otherwise i will tell your secret to your mother and she is a heart patient" what crime is this and which section will be applicable?. is there any judgment available.
prabhakar singh (Expert) 02 April 2013
LEAK THE SECRET SO THAT IT MAY BE ASSESSED THAT IT WOULD CAUSE HEART ATTACK OR NOT??
ajay sethi (Expert) 02 April 2013
academic query
Guest (Querist) 02 April 2013
confused its criminal case or not?
prabhakar singh (Expert) 02 April 2013
LEAK THE SECRET SO THAT CURTAIN CAN BE REMOVED?
Guest (Querist) 02 April 2013
if the matter in the court and also in her mother's knowledge and no heart attack happened. so what is the threat..?
prabhakar singh (Expert) 02 April 2013
I DO NOT ANSWER "if" and "buts"
Devajyoti Barman (Expert) 02 April 2013
hypothetical query
Guest (Querist) 02 April 2013
dear Sirs.
emotional blackmail is crime or not..?
Guest (Expert) 02 April 2013
About your statement, "if the matter in the court and also in her mother's knowledge and no heart attack happened. so what is the threat..?" then your main query, itself, becomes valueless and fictitious in the absence of description of the real problem and background of the same. In that case your query stands resolved even before your posting.

Good luck!!!!!!!!!!!!!!!!!!!
Vidhi Joshi (Expert) 02 April 2013
This is a case of criminal intimidation and in that case Section 503 of IPC will be applicable.
Guest (Expert) 02 April 2013
Mr. Clone,

Has anything happened with the threat to his mother, who is already aware of the secret?
Vidhi Joshi (Expert) 02 April 2013
Dear Dhingra Sir,

Section 503 in The Indian Penal Code, 1860
503. Criminal intimidation.-- Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.- A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B' s house. A is guilty of criminal intimidation.....so even a threat will qualify, in spite of harm done or not done
Devajyoti Barman (Expert) 02 April 2013
Threat to mother does not attract 503.
R.K Nanda (Expert) 02 April 2013
it is no crime.
Sudhir Kumar, Advocate (Expert) 02 April 2013
Why the queriest hesitateS coming with facts?

WHY HE IS INTERESTED ONLY IN WRONG ADVISE BASED ON HALF FACTS (OR NO FACT)?
Raj Kumar Makkad (Expert) 02 April 2013
No accurate reply is possible without posting the relevant facts of the author.
Guest (Querist) 02 April 2013
Real Fact is.My friend has found some objectionable photos of a girl in his room mate's computer.girl and his room mate were in relation but now broke up.He contacted to girl by email and contain of the email is
(i found your photos in xyz computer he is not good guy. you should understand that your mother is heart patient and you should care of her i will remove your photos and i will change hard disk so he can not recover deleted stuff.you have to help me against this help. i am jobless so i need a job in your company and cost of hard disk.hard disk cost you can deduct from my salary.if you need my help then you have to help me.other wise you go your way and i will go my way)

she and her mother has filed an extortion against him us 386 of ipc. and transaction not done.evidence is email.is there any crime..?
Raj Kumar Makkad (Expert) 02 April 2013
Who had obstructed you to post the real facts earlier? Why have you wasted the valuable time of the experts without posting the so-called real facts earlier?
Raj Kumar Makkad (Expert) 02 April 2013
This is not a matter of extortion. The offer of the help is conditional but there is no iota of criminal mind to extort money for threatening etc. The complaint filed by mother and that girl has no merit at all.
Guest (Querist) 02 April 2013
thank you mr Makkad..
Guest (Querist) 02 April 2013
is there any other kind of crime in this matter
Vidhi Joshi (Expert) 02 April 2013
its better your friend get reed of those objectionable material or else she can file complaint of harassment by recording his conversation in form of phone calls or emails..so better wipe out the material completely before getting into trouble..
Sudhir Kumar, Advocate (Expert) 03 April 2013
Let the girl file extortion case. Then the facts get known to everyone including her mother.

By the way he is helping her and is jud demanding the cost of removing the materail which she has created against herself. In addition he is just seeking a job. He is not thretening to expose the photos to hjer mother.

THIS IS A CLASSIC CASE THAT SERIES OF WRONG ADVISE GOES WHEN FACTS ARE HIDDEN.

If you have anymore hidden facts the above advises may get changed.
Guest (Expert) 03 April 2013
Mr. Clone,

Jumping in to a decision prematurely without going through the facts of a case often leads to misunderstanding, wrong interpretation of law and wrong guidance to the querist. Before reading my reply in response to the statement, "matter in the court and also in her mother's knowledge and no heart attack happened. so what is the threat.." of the querist, you preferred to stress upon your interpretation about the event without knowing the actual background of the case and referred Section 503, which I was fully aware of. Shri Barman has also negated your stand in his reply.

Now when the querist has come out with the fact of the case, would you please like to point out as to which of the content of the email you consider the instance of threat or balckmailing?

Also where does stand any threat when her mother already knew the facts of the case and the case is already in the court of law?
prabhakar singh (Expert) 03 April 2013
So you wanted to leak in night?

What I understand from the story is that 'A' n 'B' are two boys living together in a room.

'S' is a girl who was in relationship(now broken)with 'A'.The mother of 'S' is heart patient.

Now 'B' has emailed 'S' the stuff posted.

For which 'S' and her mother has lodged FIR
of extortion u/s 386 of I.P.C. against 'B'.

In my view the email of 'B' does not contain a single ingredient of even simple case of extortion as defined in s.383.There is not even a single word of 'THREATENING'
and statement about health condition of 'S'
mother is also not attributable to any crime.

The"objectionable material is in computer of 'A'"

Here 'B', the roommate of 'A', has proposed
'S',the girlfriend of 'A',that if 's' is ready to favor 'B' for a job in her co. and to bear the cost of a hard drive then 'B' can change the hard drive of 'A' computer,so that 'A' can never retrieve it.


Hence ,in my view,there is no commission of any crime so long the"objectionable material is in computer of 'A'".

On the contrary if the fact reveals that"no such objectionable material was ever there in computer of 'A'" then there is commission of offence atleast u/s 383/384/385 I.P.C. because in such a case due to falsehoodness of basic fact criminal intent gets attracted and it amounts 'B's attempt to put 'S' in fear, of injury"
Guest (Querist) 03 April 2013
Mr Prabhakar,
She has already mentioned in her complaint that accused is in possession of my private stuff...its means objectionable material was there she has accepted.
Devajyoti Barman (Expert) 03 April 2013
you should have come out with real facts much earlier to save our time.
Guest (Querist) 03 April 2013
i am sorry for this. i have posted all fact..
prabhakar singh (Expert) 03 April 2013
sk!
Her mention in FIR may matter up to bail stage only.
Only police investigation shall reveal if "the stuff" was or was not in the computer of 'A' and presently in whose custody the same is.
Raj Kumar Makkad (Expert) 03 April 2013
Contents fo FIR are not the clinching evidence rather the investigation of the police shall bring the truthful facts, if any.

Anyway, you may move for your AB in the given case.
Sudhir Kumar, Advocate (Expert) 03 April 2013
A bail Mujhje mar
V R SHROFF (Expert) 03 April 2013
IT SEEMS cyber crime AND FALSE IP ADDRESS IN FOREIGN COUNTRIES ARE INVOLVED, WHERE EVEN GOOGLE COULD NOT TRACE DELETED E MAILS OF THREAT, that you wanted.

sk,

This being international cyber crime, Only if of high importance, and deserving cases can be investigated, not mere threat etc, that may or may not cause heart attack. One can cut off communication from risky patiernt
Guest (Querist) 04 April 2013
To Dear Mr Shroff,
I am not able to understand your reply,on what basis you told that
"IT SEEMS cyber crime AND FALSE IP ADDRESS IN FOREIGN COUNTRIES ARE INVOLVED, WHERE EVEN GOOGLE COULD NOT TRACE DELETED E MAILS OF THREAT, that you wanted."

my query was different,i have not mentioned about GOOGLE AND FOREIGN AND DELETED EMAILS please reply.
V R SHROFF (Expert) 04 April 2013
My Reply based on your Query as under::

Posted 27 days ago

Dear Sir i have queary regarding my own case.
A girl from out of India l had sent a complaint by e-mail to police commissioner. the contain is i am being harrased by unkonwn person by email since 1 month and person is asking money agains my private photos. he will publishe my photographes if his demant will not fullfill.i have a private i hired a private investigation agency after first email and they did conversation on behalf of me for investigation purpose investigation agency she also sent PDF attachement of emails conversation.
police had registered an fir..during the investigation they found IP address of many contries and two ip was mine.but they have not checked any original contain of PDF emails. and arrest me under section 386,120B,379 of IPC and information technology act 2000 section 66.
during the investigation police checked sender's email account and they have not found any email.then they asked to google USA with the help of letter of rogatory to recover deleted emails of sender account and inbox of reciever girls email account but google was failed to recover all deleted emails and sent inbox details of the girls account. where all threatend emails are not availble in her account only some conversation of friendly and request are availble. two email in which she claimed the person will published my photograph and asking money against stuff are not available in her inbox.these emails are fake.
chargsheet is submitted and framing of charges are still pending.all charges do not suit in this case. Is this possible to queshing the FIR at the time of framing the charge.Is this right way to file FIR.what is the value of conversation between accused and private investigator... what step i should take"

Now whether this query have any connection with your present Query?? I assumed, being same person with similar Query is from same or similar facts......
prabhakar singh (Expert) 04 April 2013
Oh! My god he cheated us also.
Nadeem Qureshi (Expert) 04 April 2013
Dear Sk
as per your information, this a criminal case for extortion, according to section 383 of Ipc,
the aggrived person has right to filed a criminal case against the person who demand a job/money after sending this threatful mail.
section 384 of ipc is related to punishment for extortion.
this is a criminal intimidation case too u/s 503 of Ipc
Feel Free To Call
Guest (Querist) 04 April 2013
Great Sir,
this is the same case..but its related to my friend. yesterday i posted a fact and contains of emails and before 27 days i posted contains of complaint so how could you say that i cheated you. court and experts will decide on the basis of contain of email not in the view of complaint material.

Prabhakar Sir please reply..
R.K Nanda (Expert) 04 April 2013
for discussion go to forum.
Sudhir Kumar, Advocate (Expert) 04 April 2013
You said :-

"this is the same case..but its related to my friend. yesterday i posted a fact and contains of emails and before 27 days i posted contains of complaint so how could you say that i cheated you. court and experts will decide on the basis of contain of email not in the view of complaint material.

Prabhakar Sir please reply."


The experts here are giving charitable free advise then please do not expect them to spy around the site and look for the facts scattered by you. We are not here to play game of hide and seek.
Raj Kumar Makkad (Expert) 04 April 2013
The facts of previous query raised by you 27 days was brought to our knowledge only by an expert and not by you and is this not a cheating? Suppression of material facts and freely obtaining the time of such senior experts for a long discussion, do come within the ambit of cheating. You have admitted only after a link of your previous query was provided. This is not the way to avail free services.
prabhakar singh (Expert) 04 April 2013
SK!

When conscience and moral of any individual die he poses the way you are posing.I am not going to prosecute you that you are asking me to prove.

You confronted Mr.VR SHROFF and he came with the proof.

I am not blessed with these abilities and i do not remember queries i answer and disguisers can cheat me very easily but for their own WORST.
Guest (Querist) 04 April 2013
i apologies if i hurt to any one in this forum. i appreciated and thanks to all of you that you have solved my all queries...

regards..

SK
Raj Kumar Makkad (Expert) 04 April 2013
It shall be good if you further make your record proper. We all experts voluntarily provide free of cost service here and even some of the experts pay some amount to site for this purpose so you should due respect to them.
V R SHROFF (Expert) 11 April 2013
@@@@@@@@@Dear Sir i have queary regarding my own case.
A girl from out of India l had sent a complaint by e-mail to police commissioner.

"this is the same case..but its related to my friend.

police had registered an fir..during the investigation they found IP address of many contries and two ip was mine
@@@@@@CHECK YOUR OWN STATEMENTS @@@@@@@

WE PAY TO THE SITE TO HELP YOU &
YOU CHEATS???
&
ASK COUNTER QUESTIONS!
No wonder your account was deleted.
Devajyoti Barman (Expert) 11 April 2013
Thanks MR Shroff.
This type of queries should be boycotted at any cost.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :




Expert of the Month






Post a Suggestion for LCI Team
Post a Legal Query