If you are stuck in such a situation, here is what to do.
Mr. Sameer, a software developer from the city of Jayanagar, came across an online advertisement for escort services. Intrigued, he contacted the number provided and spoke to a person who called himself ‘Rocky’. After a brief chat, Rocky asked for a booking amount to be transferred via a digital wallet, which Mr. Sameer paid. However, Mr. Sameer became suspicious when Rocky insisted on receiving the entire remaining payment before arranging any meeting. Sensing a scam, Mr. Sameer refused to pay further and cancelled his request.
This is when his ordeal began. Rocky started threatening Mr. Sameer, warning that if the remaining amount was not paid, he and his associate would file a false First Information Report (FIR) for rape against him. Panicked, Mr. Sameer fortunately had preserved all the evidence: the WhatsApp chats detailing the entire conversation, the voice notes with clear threats, and the digital transaction record of the initial booking amount. This evidence clearly demonstrated Rocky’s criminal intent to extort money.
Advice in such cases
Do Not Panic or Pay: The primary goal of such criminals is to create fear and extort money. Paying them will likely lead to more demands. Stay calm and do not give in to their threats.
Preserve All Evidence: Do not delete any chats, voice notes, call logs, or payment details. Take screenshots and back up the data. This evidence is your strongest weapon.
Cease Communication: Stop all communication with the extortionist. Do not argue, plead, or engage with them further, as it may give them more material to use against you.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
Such acts of blackmail and threat are serious criminal offenses under Indian law. The new Bharatiya Nyaya Sanhita, 2023 (BNS) has specific provisions to deal with these situations:
Section 310 of the BNS (Extortion): This is directly applicable. When a person intentionally puts you in fear of an injury (in this case, injury to your reputation by filing a false rape case) and dishonestly induces you to deliver money, it constitutes extortion. The evidence you have (chats, voice notes) strongly supports a case under this section.
Section 84 of the BNS (Criminal Intimidation): Threatening to harm a person’s reputation is a form of criminal intimidation. The threat to file a false FIR squarely falls under this offense.
Section 200 of the BNS (False Information): If the extortionist proceeds to file a false FIR, they can be prosecuted under this section for knowingly providing false information to a public servant with the intent to cause injury.
If you are the complainant
If you are being threatened and decide to take legal action first, which is often the best strategy, here are the steps:
Organize Your Evidence: Compile all chats, voice notes, call records, and payment transaction details in chronological order. Create a clear timeline of events.
Draft a Complaint: With the help of your lawyer, draft a detailed written complaint addressed to the police. Clearly state all the facts, the threats made, and the demand for money.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
File the Complaint: You can file this complaint at your local police station or, more effectively, with the Cyber Crime Cell, as the offense involves the use of digital communication and transactions.
If you are the victim
If you are the victim of such an extortion attempt, your immediate actions are crucial for your defense.
Act Proactively: Don’t wait for the extortionist to act. Being the first to report the crime to the police puts you in a position of strength as the complainant, not the accused.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Anticipatory Bail: In the unfortunate event that a false FIR is registered against you before you can act, your lawyer can immediately file for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to protect you from a potential arrest.
Quashing the FIR: Based on the strong evidence of extortion you possess, your lawyer can file a petition before the High Court under Section 530 of the BNSS to have the false FIR quashed. The chats and voice notes will serve as primary evidence to prove that the case is malicious and an abuse of the process of law.
How the police behave in such cases
The police are generally aware of such online extortion rackets. While their initial reaction may vary, presenting them with clear, undeniable evidence will compel them to take action. The Cyber Crime units are particularly experienced in handling these matters. They can trace the digital footprint of the criminals, including the phone numbers and bank accounts used for extortion. A well-drafted complaint supported by evidence usually results in the registration of an FIR for extortion and criminal intimidation against the perpetrators.
FAQs people normally have
What evidence is required?
The most crucial pieces of evidence to secure your case are:
Complete and unedited screenshots of the chat conversations.
The audio files of any voice notes or call recordings containing threats.
Transaction details of any payment made (bank statement, UPI transaction ID, digital wallet screenshot).
The mobile number(s) and any other contact details of the extortionist.
How long will the investigation take?
The timeline for an investigation can vary. If the accused has used their real identity and bank accounts, they can be traced relatively quickly. However, criminals in such cases often use fake profiles and mule accounts, which can make the investigation more complex and time-consuming, possibly taking several months. Your lawyer’s follow-up with the police can help ensure the investigation proceeds efficiently.
Advocate Sudhir Rao, Supreme Court of India