If you are stuck in such a situation, here is what to do.
Mr. Rohan Mehra, a resident of Jaipur, found himself in a deeply troubling situation. He had responded to a profile on a social networking site. Soon after a brief interaction, the person on the other end revealed themselves to be a scammer. This individual had taken Mr. Mehra’s photographs from his public social media profiles and created a fake account in his name. The scammer then began sending threats, demanding a significant sum of money. They threatened to fabricate and send compromising content to Mr. Mehra’s family, friends, and colleagues at his workplace, “Apex Innovations Ltd.,” if he failed to pay. Terrified and cornered, Mr. Mehra was unsure how to proceed.
Advice in such cases
If you find yourself in a similar predicament, it is crucial to act calmly and strategically. Panicking or giving in to the demands will only worsen the situation.
Do Not Pay: Never transfer any money to the blackmailer. Paying them does not guarantee they will delete your information or stop the harassment. In most cases, it leads to further demands.
Do Not Engage: Avoid getting into arguments or prolonged conversations with the scammer. Do not show them you are scared.
Preserve All Evidence: This is the most critical step. Take screenshots of all chats, the scammer’s profile, any payment requests, the phone number, and any UPI or bank account details they provide. This evidence is vital for a police investigation.
Secure Your Accounts: After gathering evidence, block the scammer on all platforms. Immediately make all your social media profiles private and review your privacy settings to limit who can see your photos and personal information.
Applicable Sections of Law
Such acts of online blackmail and impersonation are serious criminal offences under Indian law. The primary laws applicable are the Bharatiya Nyaya Sanita, 2023 (BNS) and the Information Technology Act, 2000.
Extortion (Section 327 of the BNS): This section applies when someone intentionally puts you in fear of injury (to your reputation, person, or property) to dishonestly induce you to deliver money or valuable security. The threat to expose you to your family and workplace clearly falls under this.
Criminal Intimidation (Section 342 of the BNS): This involves threatening another person with any injury to their reputation, person, or property. The scammer’s threats are a classic case of criminal intimidation.
Cheating by Personation (Section 318 of the BNS): By creating a fake profile using your photos and name, the scammer is impersonating you to commit fraud or cause harm, which is a punishable offence.
Information Technology Act, 2000: Section 66C (punishment for identity theft) and Section 66D (punishment for cheating by personation by using computer resource) are also directly applicable.
If you are the complainant
When you are the one being harassed and extorted, you are the complainant. Here is the course of action you should take:
File a Complaint: You can file a formal complaint online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the national helpline number 1930. You can also visit your nearest Cyber Crime police station to file an FIR.
Provide Detailed Evidence: Submit all the evidence you have collected—screenshots, numbers, account details, etc. A clear and chronological account of events will help the police immensely.
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 resolve in 7-10 days.
If you are the victim
As the victim of such a crime, your well-being is paramount. The emotional and psychological toll can be significant.
Seek Support: Do not suffer in silence. Confide in a trusted friend or family member. Sharing your burden can provide emotional relief and practical support.
Reclaim Control: Remember that you are the victim of a crime. The initial circumstances do not give anyone the right to extort or harass you. Taking legal action is a way of reclaiming control over the situation.
Secure Your Digital Life: Conduct a thorough review of your digital footprint. Change passwords for all important accounts, enable two-factor authentication, and be cautious about the information you share online in the future.
How the police behave in such cases
Many victims hesitate to approach the police out of fear or embarrassment. However, law enforcement agencies, particularly Cyber Crime cells, are increasingly trained to handle these matters professionally and sensitively.
Focus on the Crime: The police will focus on the crime of extortion and impersonation, not on the victim’s preceding actions. Their objective is to apprehend the criminal.
Confidentiality: Your complaint will be handled with confidentiality. The police will not unnecessarily involve your family or employer.
Investigation: The investigation process, governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), will involve tracing the digital trail of the accused through the phone numbers, IP addresses, and financial accounts used in the crime.
FAQs people normally have
Will the police judge me or will I get into trouble?
The police’s primary concern is the serious crime of extortion. They are there to help victims, not to pass moral judgment. The act of contacting someone online is not the crime here; the blackmail is.
What if the scammer contacts my family or friends?
This is a real risk, but paying the ransom gives you no guarantee against it. It is often better to proactively inform key family members or friends about the situation so they are not caught off guard and can support you.
Can the police actually catch these people?
While scammers often use tools to hide their identity, they almost always leave a digital footprint, especially when demanding money. Police have specialized tools and procedures to trace these footprints. Many such extortion rackets have been successfully busted.
What evidence is required?
Strong evidence is the backbone of a successful prosecution. You must collect:
Screenshots of the entire chat history with the blackmailer.
The mobile number(s) used by the scammer.
Any bank account or UPI details provided for the payment.
The URL or screenshot of the fake profile created by the scammer.
Call logs or recordings, if available.
How long will the investigation take?
The duration of a cybercrime investigation can vary widely. It depends on the complexity of the case and the digital trail left by the accused. If the scammer is operating from a different jurisdiction or using highly sophisticated anonymizing techniques, it can take longer. However, providing clear and comprehensive evidence can significantly expedite the process, which may take anywhere from a few weeks to several months.
Advocate Sudhir Rao, Supreme Court of India