Blackmailing is an act in which the offender threatens the victim to reveal any information about him. The information may be confidential, true, or false. The threat can even relate to a false charge of an offense to injure the reputation of the victim. It can be done for various purposes, be it to extort money, to take revenge, to show power, etc.
Cyber Blackmailing is a new term that has emerged in this internet era. It means when a person blackmails the victim through the use of a computer, the internet, any social media sites, or any other electronic device, then it is termed as cyber blackmailing. The cases of cyber blackmailing are on the rise nowadays. It is easy to exploit and use social media and the internet for ill purposes.
Amongst the cases of cyber blackmailing, the cases of cyber blackmailing for false rape charges are on the rise. The women on social media sites connect with anyone and extort them by blackmailing them for false rape cases.
Laws related to
cyber blackmailing
- Section 66E of IT Act of 2000 talks about the punishment against using someone’s private data and images. The person uses these to blackmail the victim. He would be liable under this section.
- Sections 67 and 67A of IT Act of 2000 talk about the use of obscene or explicit material for blackmailing the victim. It provides the punishment for online blackmail and harassment.
- Section 308 of BNS talks about extortion. Blackmailing is related to extortion. It punishes a person who puts any other person in fear of injury to induce the person to deliver any property or valuable security. In the cases of blackmailing for false rape, the victim is being put in fear of injury to reputation in exchange for some advantage.
- Section 351 of BNS talks about criminal intimidation. It penalizes an act of threatening any person to cause injury to his reputation or property. The person would be liable to imprisonment up to 2 years, with a fine, or with both.
- Section 77 of BNS talks about Voyeurism. It states that if anyone blackmails or disseminates the videos and images of a person who is engaging in private acts would be liable to imprisonment in the case of the first conviction between one year to three years, and in the case of the second conviction, he would be liable to imprisonment for a term which shall not be more than three years but which may extend to seven years and with a fine.
- Section 79 of BNS punishes the act of blackmailing by uttering any word, making any sound or gesture, or intruding on the privacy of such a woman. He shall be punished with imprisonment up to three years and a fine.
Tips to Prevent from Cyber Blackmailing for false rape case
- In the cases of cyber blackmailing, the first thing that the blackmailer hijacks is your profile. You should always keep your profile private. No other person other than the people who you have added can search for you on social media.
- The other thing is that you should keep your post void of any personal details. The blackmailer uses these details to blackmail you.
- You should also not make any connections with strangers. There are many instances where the connection with strangers has resulted in blackmailing for false rape cases. Do not make any connections, and do not plan to meet any strangers on the internet. The main purpose of this blackmailer is to extort money from you.
- Keep your photos and videos safe on social media. Many times, these blackmailers edit your photo to substantiate their claim of rape. It is very easy to edit a photo or a video with the help of technological advancement.
If you are facing any such situation of blackmailing for a false rape case, you should first save all the evidence in one place. Gather all the evidence, be it your chat, your email, or anything else. After that, file a cyber complaint against the person. The cyber cell deals with such cases. You should also consult an advocate who can guide you through such a situation. You can even file a civil suit against the blackmailer. Under the civil suit, you can seek an injunction restraining the blackmailer from sharing your information or from making further threats. You can even claim for damages under the civil suit. You can claim monetary damages for mental harassment.
By increasing forensic help, legal aid, and psychological work, it is possible to create conditions for the proper functioning of justice, ensuring that no one goes without justice. Measures such as fines or imprisonment for those who made false allegations, special courts to handle such cases, and awareness campaigns about the issue all help to protect the women who are true victims while also protecting the rights of falsely accused men.
One can talk to a lawyer from Lead India Law for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.
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