If you are stuck in such a situation, here is what to do.

Mr. Ajay, a young man in his early twenties from Rampur, decided to meet someone he connected with on a popular dating application. His new acquaintance, Rohan, suggested meeting at a private, secluded spot he knew. Trusting him, Ajay agreed. After they had an intimate encounter, Rohan suddenly acted shocked and pointed out a hidden camera, claiming their act had been recorded.

Immediately after they left the spot, Ajay received a text from Rohan claiming he was in urgent need of money. The timing and the context of the demand made it clear that it was a threat related to the secret recording. Feeling scared and trapped, Ajay transferred a small sum of money, hoping to end the matter. He told Rohan he wanted no further contact, but now he lives in constant fear that the video might be leaked online. He feels helpless and is afraid to approach the authorities.

Advice in such cases

If you find yourself in a similar situation of blackmail or extortion, it is crucial to act calmly and strategically. Here are the immediate steps you should consider:

• Do not panic. The perpetrator relies on your fear and panic to control you.
• Cease all communication with the blackmailer immediately. Do not respond to their calls, messages, or threats.
• Do not pay any money. Paying the extortionist often encourages them to demand more. It does not guarantee that they will delete the content.
• Preserve all evidence. Take screenshots of the dating app profile, all chat conversations, the phone number used, and any transaction details if you have already paid. This is crucial evidence.
• Deactivate your social media accounts temporarily to prevent the perpetrator from gathering more information about you or contacting your friends and family.
• 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

The Indian legal system, under the new Bharatiya Nyaya Sanhita (BNS), has specific provisions to deal with such crimes:

• Section 324 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Extortion: This section applies when someone intentionally puts you in fear of injury (including injury to your reputation) to dishonestly induce you to deliver any property or valuable security. Demanding money under the threat of leaking a private video is a clear case of extortion.
• Section 70 of the BNS – Voyeurism: This section criminalizes the act of capturing the image of a person engaged in a private act without their consent. Even if the initial act was consensual, the recording of it without your knowledge and consent is a crime.
• Section 78 of the BNS – Publishing or transmitting of material depicting sexual act: If the perpetrator shares, transmits, or publishes the video, they can be prosecuted under this section, which deals with the circulation of sexually explicit material without consent.
• Section 326 of the BNS – Criminal Intimidation: Threatening to harm a person’s reputation with the intent to cause alarm or to cause that person to do any act which they are not legally bound to do (like paying money) is covered under this section.

If you are the complainant

Taking the step to file a formal complaint is the most effective way to seek justice and prevent the perpetrator from harming others.

• Gather and organize all the evidence you have collected. This includes screenshots, call records, payment details, and any other information about the accused.
• Approach the Cyber Crime Cell or your local police station to file a First Information Report (FIR). The police are obligated to register your complaint.
• Provide a clear and detailed account of the events to the police. Do not omit any details out of fear or embarrassment. Your statement is a critical part of the investigation.
• 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
• Cooperate with the investigating officer. They may require you to provide further information or assist in identifying the accused.

If you are the victim

Understanding your rights and taking control of the situation is paramount.

• Remember that you are the victim of a crime. The law protects you, regardless of the circumstances of the encounter. The non-consensual recording and subsequent blackmail are illegal acts.
• Do not blame yourself. Blackmailers are manipulators who exploit trust and vulnerability.
• Secure your digital presence. Change passwords for your social media and email accounts and enable two-factor authentication.
• 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
• Confide in a trusted friend or family member for emotional support. Dealing with such a situation alone can be incredibly stressful.

How the police behave in such cases

Many victims hesitate to approach the police due to fear of judgment or inaction. However, law enforcement agencies, particularly Cyber Crime units, are increasingly trained to handle such sensitive matters with professionalism.

• The police are required by law to protect the identity of victims in cases of a sexual nature. You can request that your details be kept confidential.
• Cyber Crime cells have the technical expertise to trace digital footprints, such as IP addresses, mobile numbers, and bank account details used for extortion.
• The police will take your statement and use the evidence you provide to track down and apprehend the accused. Your cooperation is key to a successful investigation.

FAQs people normally have

Will my identity be revealed if I file a police complaint?
The law has provisions to protect the identity of victims in sensitive cases. The police and the courts are mandated to ensure your privacy is maintained throughout the investigation and trial.

What if the initial act was consensual? Can I still file a case?
Absolutely. The consent to a private act does not imply consent to being recorded. The act of recording you without your permission is a crime (Voyeurism), and using that recording to demand money is another serious crime (Extortion).

Is it possible for the police to catch the person if they used a fake profile?
Yes. Even with a fake profile, the accused leaves digital traces. The police can track them through the mobile number used, the IP address from which the app was accessed, and the bank or UPI account to which money was sent. It may be complex, but it is certainly possible.

What evidence is required?

The strength of your case depends on the quality of evidence you can provide. The following are crucial:

• Screenshots of the perpetrator’s profile on the dating app.
• Complete chat history, including all messages exchanged before and after the incident.
• The mobile number and any other contact details of the accused.
• Transaction details of any money paid, including UPI ID, bank account number, or wallet details.
• Any threatening messages, emails, or voice notes received from the accused.

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on several factors, including the complexity of the case, the digital trail left by the accused, and the speed of response from intermediaries like social media companies and banks. While some cases can be solved in a few weeks, others might take several months. The key is to file the complaint promptly to allow the police to begin their work while the evidence is fresh.

Advocate Sudhir Rao, Supreme Court of India