Is Blackmailing A Minor Punishable Offensive?
- leadindia831
- Jul 6, 2023
- 3 min read
Today, the word "blackmail" is often employed. Blackmail can take many different forms; extortion, cyber-blackmail, and other tactics are but a few. Blackmail, as it is commonly known, is the act of threatening another person while creating a situation in which the person being threatened is forced to complete a specific task under extreme duress for the sake of their reputation, personal space, and most frequently, the wrongdoings they are trying to conceal.
Family members, intimate friends, and other individuals you are acquainted with are more likely to get it than the general public, and it typically carries unfavorable information.
Laws Relating to Blackmail
According to Section 503 of the Indian Penal Code, blackmailing may constitute criminal intimidation. Criminal intimidation occurs when someone makes threats against another person's person, reputation, or property, or against the person or reputation of another person in whose welfare they have an interest, with the malafide intent to harm that person. It is a crime that carries a possible two-year maximum sentence for imprisonment of any kind, a fine, or a combination of the two.
According to Section 383 of the Indian Penal Code, blackmailing (even when combined with criminal intimidation) may constitute extortion. Extortion occurs when someone purposefully causes another person to fear harm to themselves or to others and then deceitfully encourages them to transfer to the other person any property, valuable securities, etc. that could be transformed into a valuable security. It is a crime that may be sentenced to either imprisonment for a time up to three years, a fine, or both.
Dealing with Blackmailing a Minor
One must always avoid taking the matter into their own hands. The likelihood of them being imprisoned and having the blackmailer carry out their threat increases if they choose to use their own threats, physical violence, or even murder.
Similarly, simply agreeing with the requests can frequently result in additional demands or even the blackmailer actually carrying out the threat of coercion out of spite after you have complied.
The police are responsible for locating and apprehending criminals. The minor must first communicate with their elders and then report it to the police station. They have a duty to uphold the law because extortion and blackmail are illegal.
To ensure that the blackmailer is never able to subject you or anyone else to the same torture, the police have experienced specialists who know how to handle these cases and what kinds of evidence will be needed.
Sometimes the harm being threatened is not as severe as it may appear to be in one's mind. The minor must speak with a trusted person. It could be a father, mother, brother, or lawyer.
Role of Judiciary
In the case of Ramesh Chandra Arora v. State, the defendant was charged with criminal intimidation for allegedly blackmailing him to publish a naked picture of Mr. Romesh's daughter and her if "ransom money" was not paid to him. It was obvious that the goal was to terrorize and blackmail them. According to Sections 503 and 506 of the Indian Penal Code, the trial court found the defendant guilty, and the Supreme Court upheld the decision.
Role of Lawyers
The best course of action is always to call your lawyer for advice on how to handle these complex legal circumstances. In addition to maintaining the privacy of a minor, a lawyer can also assist you in navigating the right channels for requesting help for your issue. A lawyer frequently has ideas for solutions that you might not have thought of on your own.
They Help in Filing a police complaint: The lawyers help their clients file a police complaint if their child is being subjected to blackmail. In order to report the blackmail the minor is experiencing, the lawyer must first, in writing, send the complaint to the local police station.
They Help in Collecting Evidence: The lawyers assist you in collecting the right evidence to prove to the court that a minor has been blackmailed. It includes any WhatsApp chat, as well as any videos or audio recordings that are also acceptable.
To bring a blackmail case against any minor, you will need legal representation. Criminal lawyers in Lucknow can be hired if you want to register a blackmail case against a minor in Lucknow, and Criminal lawyers in Gurgaon can be employed.
If you want to file a blackmail case against a minor child in Gurgaon. Similarly, Criminal lawyers in Delhi can be hired if you want to file a blackmail case against a minor child in Delhi.
At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online to lawyers at Lead India.
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