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Arjun33   28 August 2021

Fake complaint by filipino facebook friend

Hi

I have been chatting with an online Filipino Facebook friend last few months whom I met on a dating site. Recently we had a major fight as I found her to be of scamming nature and out to extort money. There were abuses from both ends. I admit I too was angry and hurled some abuses and threats at her on facebook.

She then resorts to blackmail saying she has taken screenshots of my chat on facebook messenger and complained to the authorities in India. She is extremely immature and did not specify which authority. I then blocked her. She has a lot of Indian facebook friends who probably advised her on this.

She wouldn’t complain to the authorities in her country because she  knows the authorities in her country would not even entertain her but she thinks that Indian authorities will entertain her fake claims. Really funny how these people think authorities are there to sort out facebook differences such is her level of maturity.

Now I need to ask how credible this threat of hers is. Will whichever authority she has complained to track me down from facebook messeges and comments. Overall I need to ask if some foreign national like this Filipino girl makes a complaint about an Indian about the messages and comments on facebook, will the police here in India take any action. How valid is that complaint by a foreigner against an Indian for social media comments and messeges.

 

Appreciate your advise



Learning

 2 Replies

ADITYA PRAJAPATI   29 August 2021

Sir, Blackmailing is an criminal intimidation defined in section 503 of IPC, If you are Harassed by that person you can complain to local police, who likely have a computer crime division. As you have mentioned both the parties indulged into fight and both of you were abusive and giving threats, well it would be a problem if she was from USA and other country but as you mentioned she was acting immature and wanted to extract money from you, she wouldn't be entertained also she cannot complain against you from Philippines to Indian authority, we can understand that her main motive was to extract money and these cases are increasing in number. So you don't have to worry about it just block and report her on Facebook, But I would warn you to control your temper because this case would have different outcome if she was from India or other nations with strict cyber policy. Avoid fights instead block and report.

Aman Karan   30 August 2021

Hi Arjun, the threat seems to be immature and of no credibility. Usually people don't go through with the cumbersome process of filing a case. That too across countries. The burden of proving the charge after complaint and to provide the court with all the documents, will be on her. For that she’ll need a lawyer in your home country, and getting a lawyer overseas prove to be very costly, so I doubt her actions. She even has to submit the certificate of proving that the screenshots provided by her are real and are not tampered with under section 65-B of Indian Evidence Act Even if she did file such a case, authorities would not entertain her unless you have done something really serious. Now, if on the off chance the authorities did accept her complaint and registers an FIR against you. You can proceed the High Court under section 482 of Criminal Procedure Code to quash the FIR. The High Court will then decide based on the facts and the veracity of statements and allegations. Most probably the court will quash the FIR in this matter. Another remedy you have is you can file for criminal intimidation under section 503 of Indian Penal Code, if she's harassing you or blackmailing you with the threat yo file a case.

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