Blackmail and IPC
Blackmailing as such is not exclusively mentioned under the IPC. But it is drawn out of the act of criminal intimidation under of Indian Penal Code.
Blackmail and Extortion
Blackmail may also be considered as a form of extortion. Blackmail and extortion as a concept have similar basis even though the two are different from each other. The act of extortion has been regarded as a criminal offence under IPC that whoever puts another person in fear of injuring him or to any other loved ones of him and then extort the property, money or any kind of service/ favor, believe to have committed the offence of 'extortion' and is liable to be punished with the imprisonment extending up to 3 years of with penalty.
In contrast to extortion, ' blackmail ' is when the offender or the blackmailer threatens to reveal the information about the victims or his family that is possibly embarrassing, damageable socially or incriminating unless the demand is met. Top criminal defence attorneys in India can explain the concept in detail.
is 3 years and 2 years respectively.
Blackmailing amounts to Criminal intimidation, which is well defined in the Indian Penal Code section as :- "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 alarm to that person, or to cause that person to do any act which he is not legally bound to do, 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 description for a term which may extend to two years, or with fine, or with both.
If money is being asked during blackmailing, then it may become extortion case also. Extortion.--Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits "extortion.
Talks about Printing etc. of grossly indecent matter intended for blackmail : Prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail.
If your reputation is being spoiled, you can take action under the law of defamation. is covered under , but only private blackmailing won’t attract that, there must be .
Moreover blackmailing while taking into consideration of any personal information of an individual is against the Constitutional right of Right to privacy . Collecting information about anyone that the person is not willing to reveal in open and then pressurizing the person to do an act against his or her will is again the infringement of such right. The argument that blackmailing with bonafide intention to be made legal will worsen the situation and it would infringe the right to privacy of an individual.
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