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Sandeep Prashar   19 May 2024

A group of people extorting money in the name of section 295

A group of people has formed a "Committee" and are active on Facebook. They are looking for people, who are sharing something on FB or comment generally. Then, they are threatening those people to sue them under section 295. The person gets frightened as they are accompanied by armed nihangs. The scenario starts with a memorandum to Police Commissioner, who marks it to the SHO. It seems that police is hand in glove with these people. Ultimately, they start showing their true colours by demanding lakhs of rupees in cash to make a settlement. 

What should be done in such cases? Thanks. 


 5 Replies

Navya Mehra   19 May 2024

It can be difficult and risky to deal with a situation where a group of people is extorting money by threatening to sue under Section 295A of the Indian Penal Code, which deals with intentional and  acts meant to offend religious feelings, particularly if there are claims of police cooperation. The actions you should think about doing are as follows:

Track Everything:

  1. Maintain complete records of all correspondence, including messages, emails, and social media exchanges, with the fraudsters.
  2. Note any threats or demands for money, along with the dates, times, and any other relevant data.

Awareness among the Public and the Media:

  1. Make media contact to draw public attention to the matter. This may increase the pressure on law enforcement organizations to behave ethically.
  2. Employ social media and other channels to spread the word about the case; since social media is so common, it is certain to bring attention to it.
1 Like

Dr. J C Vashista (Advocate )     19 May 2024

If the police do not take any action you should file a complaint before area Magistrate u/s 200 CrPC through a local prudent lawyer.

1 Like

Nishat Taha Asharfi   19 May 2024

Section 295 of the Indian Penal Code (IPC) deals with "injuring or defiling place of worship with intent to insult the religion of any class." Specifically, it states:


> "Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both."


If a group of people is using Section 295 IPC to extort money, they may be falsely accusing others of violating this section to intimidate or coerce them into paying money to avoid legal trouble or public disgrace. This would be a form of criminal extortion, which itself is a punishable offense under the law.


Here are the legal steps one could consider if faced with such a situation:


1. **Report to Police**: File a complaint with the local police station detailing the extortion and the false accusations.

2. **Evidence Collection**: Gather any evidence that can demonstrate the extortion attempt, such as recordings, messages, or witnesses.

3. **Legal Assistance**: Seek the advice of a legal professional who can guide you on the appropriate actions and represent you if necessary.

4. **Anti-Extortion Laws**: Familiarize yourself with the relevant sections of the IPC that deal with extortion, such as Section 383 (which defines extortion) and Section 384 (which prescribes the punishment for extortion).

5. **Public Awareness**: If safe to do so, bringing awareness to the issue through appropriate channels can help prevent others from falling victim to similar extortion schemes.


Addressing such extortion proactively and legally can help ensure that the perpetrators are held accountable and that justice is served.

1 Like

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

It appears like a query of academic interest.

It will not be possible for a group of people to give police complaint against any individual posting some message in facebook.

If at all there is a case filed by police then you may have to challenge it on merits and with the support of documentary eviedences 

2 Like

Dr. J C Vashista (Advocate )     20 May 2024

I agree with learned expert Mr. T Kalaiselvan, presumably the facts vis-a-vis topic is  for moot court. 

1 Like

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