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 2 Replies

Kevin Moses Paul   26 July 2021

As per your query, let me tell you that Blackmail is an act of coerion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and may be revealed to family members or associates rather than to the general public. It may involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim. It is normally carried out for personal gain, most commonly of position, money, or property.

Blackmailing amounts to Criminal intimidation, which is well defined in the Indian Penal Code (IPC), 1860 under Section 503.
The section 503 IPC states that - "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 alaram to that person , 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".

The offence of criminal intimidation can be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine , or with both.

Moreover, the offence of blackmailing can also be said to be defined under section 384 of the Indian Penal Code (IPC), 1860.
The section 384 IPC states that - "Whoever commits extortion shall be punished with imprisonment of either descripttion for the term which may extend to three years , or with fine , or with both. Under this provision the punishment is of 3 years and this offence is Non bailable and Triable in any Magistrate".

Since, the traits of Blackmail are well defined in both sections 384 and 503 of the Indian Penal Code, an individual can register his/her complaint under these sections if he/she is being blackmailed by another person.

Hope It Helps In Clearing Hour Doubts!

Regards
Kevin M. Paul

Dr J C Vashista (Advocate)     27 July 2021

What are the facts vis-a-vis the query, if it is a true story ?

 


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