Blackmail and Online Harassment After a Google Review — Legal Remedies in India

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

My client, a resident of Gomti Nagar, Lucknow, placed an order with a local printing and stationery business in early March 2025. The shop delivered substandard material, charged well above the quoted price, and flatly refused to issue a refund. Frustrated after two rounds of failed communication, my client posted an honest, factual Google review detailing the experience. Within days, the shop owner's son began sending abusive voicemails and threatening messages, warning that he would "ruin" my client if the review wasn't taken down. Ugly comments appeared on my client's social media profiles. The shop owner appeared to have some local political connections, which only added to the intimidation.

My client had initially approached a general practice advocate in the area who filed a basic complaint with the local police station. The police were largely unresponsive. The harassment continued for nearly three weeks. A colleague then referred my client to this office. And here's the thing — this wasn't just a consumer dispute anymore. It had crossed squarely into criminal territory: extortion, criminal intimidation, and online harassment under the Bharatiya Nyaya Sanhita. A structured approach was taken, combining a formal complaint to the Cyber Crime cell, a Section 173(4) BNSS application to the Superintendent of Police, and simultaneous consumer forum proceedings for the refund. Within a few weeks, the harassment stopped, the matter before the police moved forward, and my client received the refund through the consumer forum process.

It turned out that at least twelve to fifteen other customers of the same shop had experienced similar behaviour, making the pattern of conduct even more relevant to the case. That collective evidence significantly strengthened the complaint.

Advice in Such Cases

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 to 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.

Preserve all evidence immediately: Before doing anything else, screenshot every threatening message, abusive comment, and voicemail. Save them in multiple places. Don't delete any communication, even if it's upsetting to read.

File a complaint with the Cyber Crime portal: Visit cybercrime.gov.in and report the online harassment and threatening messages. Attach all screenshots and audio recordings. This creates an official digital trail.

Don't engage or retaliate publicly: Responding to the abuser on social media or in public forums can weaken your legal position. Block the person, but preserve the evidence first.

Cases involving blackmail, online harassment, and consumer fraud simultaneously require an advocate who regularly handles matters at the intersection of criminal law and digital evidence. Frankly, procedural steps around electronic evidence admissibility, Cyber Crime jurisdiction, and BNS provisions are areas where domain-specific experience makes a concrete difference to both outcome and speed.

Applicable Sections of Law

• Section 308 BNS (Extortion): Putting a person in fear of injury to cause them to deliver property or valuable security. Threatening to "ruin" someone unless they act in a certain way squarely attracts this provision.
• Section 351 BNS (Criminal Intimidation): Threatening another person with injury to their reputation or property with intent to cause alarm or compel them to do an act they are not legally bound to do.
• Section 356 BNS (Defamation): Publishing false imputations to harm the reputation of a person; relevant if the abuser posts false content about the victim.
• Section 74 of the Information Technology Act, 2000 and Section 66C/66E IT Act: Online harassment, abusive messages sent electronically, and privacy violations through digital means attract specific IT Act provisions alongside BNS sections.
• Consumer Protection Act, 2019 (Section 2(47) read with Section 35): The underlying overcharging and defective delivery constitute an unfair trade practice and deficiency in service, actionable before the District Consumer Disputes Redressal Commission.

Punishment and Penalties

• Section 308 BNS (Extortion): Imprisonment up to three years, or fine, or both. If the person put in fear is threatened with death or grievous hurt, imprisonment may extend to ten years.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. If the threat is of death or grievous hurt, imprisonment may extend to seven years.
• Section 356 BNS (Defamation): Simple imprisonment up to two years, or fine, or both.
• Cognizable / Non-cognizable: Section 308 is cognizable; Sections 351 and 356 have mixed cognizable and non-cognizable aspects depending on the specific sub-clause.
• Bailable / Non-bailable: Section 308 extortion is generally non-bailable; Sections 351 and 356 are bailable.
• Compoundable: Section 356 (defamation) is compoundable with the permission of the court.

Jurisdiction — Where to File the Case

For the criminal complaint, the case should be filed at the police station having territorial jurisdiction over the area where the threatening messages were received — that's the victim's location. In parallel, a complaint to the Cyber Crime police station of the state covers the online harassment component, regardless of where the accused is located. For the consumer complaint regarding overcharging and defective products, the District Consumer Disputes Redressal Commission at the place where the buyer resides or where the transaction occurred has jurisdiction. Now, before you act, get jurisdiction right from the start. It avoids wasted time and unnecessary objections from the other side.

What if Police Refuse to File FIR?

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS. The SP is bound to either direct registration of the FIR or provide written reasons for refusal.
• If the SP does not act, file a private complaint directly before the concerned Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• As a last resort, file a writ petition before the High Court under Article 226 of the Constitution directing the police to register the FIR. The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) has held that registration of FIR is mandatory when the information discloses a cognizable offence.
• Keep a copy of every written complaint submitted to the police, stamped and acknowledged, to create a paper trail.

Rights of the Accused

• Right against self-incrimination: Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against themselves.
• Right to legal representation: Article 22(1) guarantees the right to consult and be defended by a legal practitioner of one's choice from the moment of arrest.
• Right to be produced before a Magistrate within 24 hours: Under Article 22(2) and Section 58 BNSS, any person arrested must be produced before the nearest Magistrate within 24 hours of arrest, excluding travel time.
• Right to a copy of the FIR: The accused is entitled to receive a copy of the FIR free of cost under Section 173(2) BNSS.
• Right to know grounds of arrest: Under Article 22(1) and Arnesh Kumar v. State of Bihar (2014), the arresting officer must inform the accused of the grounds of arrest at the time of arrest.

Bail Provisions

Section 308 BNS (extortion) is generally non-bailable. The accused would need to apply for bail before the Sessions Court. Under Section 480 BNSS, a Magistrate or Sessions Court may grant regular bail considering the nature of the offence, criminal antecedents, and likelihood of tampering with evidence. Where there's apprehension of arrest, the accused may apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court. Typical bail conditions in such matters include surrendering the passport, not contacting the victim, and reporting periodically to the police station. And here's why that last point matters — the threat of online harassment continuing if bail is granted is an important factor the court considers while imposing conditions.

Quashing of FIR / Case

Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings. The accused may approach the High Court seeking quashing if they can demonstrate that no prima facie offence is disclosed, that the proceedings amount to an abuse of the process of court, or that the matter has been compounded between the parties. In cases involving Section 356 BNS (defamation), which is compoundable, a genuine settlement and withdrawal by the complainant can support a quashing application. As the Supreme Court held in State of Haryana v. Bhajan Lal (1992), quashing is reserved for clear cases of abuse of process and not as a tool to short-circuit legitimate proceedings.

If You Are the Victim

• Screenshot and save all abusive messages, voicemails, and threatening comments before blocking the person. Evidence first, then block.
• Don't delete your original Google review if it's factual and honest. A truthful consumer review is protected expression. The Supreme Court in Subramanian Swamy v. Union of India (2016) confirmed that truth is a complete defence in defamation.
• File a formal written complaint at the Cyber Crime police station and follow up with a written acknowledgment.
• If there are other affected customers who wrote similar reviews, identify and connect with them. Collective complaints carry significantly more weight before both the police and the consumer forum.
• Keep a written daily log of every incident, with dates, times, and the nature of the harassment. This contemporaneous record is valuable evidence.

Documents You Must Keep Ready

• Aadhaar card and PAN card as identity proof
• Screenshots of threatening messages, voicemails, and abusive social media comments (with timestamps visible)
• Audio recordings of threatening voicemails (saved as original files, not compressed copies)
• Copy of the original Google review and any reply posted by the shop
• Purchase receipt, invoice, or payment confirmation from the printing shop
• Evidence of overcharging: original quoted price vs. amount actually charged
• Evidence of defective product: photographs, delivery records, rejection communications
• Written refund requests and any written response from the shop
• Copies of all complaints filed with police or Cyber Crime cell, with acknowledgment stamps

What Evidence Is Required?

• Electronic records: Screenshots, voicemails, and social media posts are primary evidence under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). These must be accompanied by a certificate under Section 63(4) BSA for admissibility.
• Call records and CDR: Can be obtained through the police during investigation to establish contact between the accused and the victim.
• Witness statements: Other customers who received similar threats or wrote similar reviews are material witnesses.
• Transaction records: Invoices, UPI payment receipts, or bank statements proving the financial transaction and overcharging.
• Expert opinion: In cases involving forged or altered digital content, a certified cyber forensic expert's opinion may be required.
• Device details: Phone numbers, social media handles, and email IDs used for threatening communications help establish identity of the accused.

How the Police Behave in Such Cases

Make no mistake, the police response to online harassment and blackmail complaints is inconsistent across stations. In many cases, officers treat such matters as "personal disputes" and initially try to mediate rather than register an FIR. If the accused has local political connections, the resistance can be more pronounced. Cyber Crime cells are generally better equipped to handle such matters than regular police stations, and complaints routed through them tend to get faster traction. Persistent written follow-up, with copies marked to the SP, is usually necessary. The law is clearly on the victim's side — the challenge is procedural persistence.

Timeline of Legal Process

• Week 1-2: File complaint at Cyber Crime cell and local police station. Collect and preserve all evidence.
• Week 2-4: FIR registration (or Section 173(4) BNSS application to SP if police refuse). Simultaneously file consumer complaint before District Consumer Disputes Redressal Commission.
• Month 1-3: Police investigation, recording of witness statements, seizure of electronic devices if warranted.
• Month 3-6: Chargesheet filing by police (ideally within 60 days of arrest under Section 193 BNSS, or 90 days for serious offences).
• Month 6-12: Cognizance by Magistrate, framing of charges.
• Year 1-3: Trial, examination of witnesses, arguments.
• Year 2-4: Judgment. Appeal before Sessions Court or High Court if required.
• Consumer forum: Typically disposed of within 3-

Advocate Sudhir Rao, Supreme Court of India