Cyber Extortion Threat — What to Do When Scammers Threaten Your Family

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.

TL;DR: This is a cyber-extortion scam, not a real debt. Scammers threaten to leak fake or AI-generated images unless you pay. Immediately file an FIR at your local cyber crime police station, record all calls, and do not pay. The threat itself is a serious criminal offence punishable under the Bharatiya Nyaya Sanhita, 2023.

Key Facts of the Case

• Ms. Priya Malhotra, a resident of Gomti Nagar, Lucknow, received a threatening phone call from scammers on 12 June 2025.
• The caller claimed her relative had taken a loan and threatened to leak AI-generated explicit images of Ms. Malhotra if the relative did not pay.
• No loan agreement existed — the caller provided no loan documents or lender details.
• Ms. Malhotra did not pay any amount and immediately contacted the cyber crime police.
• The scam used a spoofed phone number, typical of extortion rackets operating across multiple states.

The Direct Legal Answer

This is a textbook cyber extortion attempt. The scammers likely do not have any real compromising images — they use fear and shame to force payment. Here is what the law says.

Is this a real debt collection?

No. Genuine lenders follow RBI guidelines and never threaten to leak images. This is a criminal extortion scheme, not a civil debt matter.

Can the scammers actually leak images?

Legally, any such leak is a serious crime. Practically, scammers rarely have real content — they rely on fake threats. But do not call their bluff. Lodge an FIR immediately so the police can track the number and, if needed, issue a takedown notice.

Should I pay the scammers?

No. Paying encourages more demands. The scammers rarely stop after one payment. Legal action is the only effective response.

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.

Do not engage with the caller. Block the number and record any further calls. File a written complaint at your local police station and simultaneously with the cyber crime portal (cybercrime.gov.in). A lawyer with experience in cyber extortion cases can help coordinate between the police and the cyber cell for a faster response.

Matters like these require advocates who regularly handle cyber offences — procedural nuances like call record preservation, IP tracing, and intermediary notices are often missed by general practitioners.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), this extortion and threat falls under multiple provisions:

• Section 308 BNS — Extortion (making a threat to cause harm to reputation)
• Section 351 BNS — Criminal intimidation (threatening injury to reputation)
• Section 319 BNS — Forgery for purpose of harming reputation (if fake images are created or used)
• Section 66D of the Information Technology Act, 2000 — Cheating by personation using computer resource

The police investigation falls under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly provisions for seizure of digital evidence and witness examination.

Punishment and Penalties

• Extortion (Section 308 BNS): Imprisonment up to 7 years and fine.
• Criminal intimidation (Section 351 BNS): Imprisonment up to 2 years or fine, or both.
• Forgery for harming reputation (Section 319 BNS): Imprisonment up to 7 years and fine.
• All these offences are cognizable (police can arrest without warrant) and non-bailable in most cases.
• The offences are non-compoundable — they cannot be privately settled.

Jurisdiction — Where to File the Case

For cyber crimes, file the complaint at the police station where you received the threat or where you reside — both have jurisdiction. Alternatively, lodge a complaint on the national cyber crime reporting portal (cybercrime.gov.in). The case will eventually be tried in a Magistrate court if the seizure is from within India, or through Mutual Legal Assistance Treaties if the scammer is abroad.

What if Police Refuse to File FIR?

If the station officer refuses to register your FIR, you have several options:

• Approach the Superintendent of Police (SP) under Section 173(4) BNSS — the SP can direct the police to register the FIR.
• File a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
• As a last resort, file a writ petition before the High Court for directions to the police.
• Document the refusal in writing and note the date, time, and officer's name.

Persistence is key — cyber crimes are often dismissed as "minor" by local police, but the law is clear: every cognizable offence must be registered.

Rights of the Accused

• Right to remain silent under Article 20(3) — accused cannot be compelled to be a witness against themselves.
• Right to legal representation under Article 22(1) — accused must be allowed a lawyer of their choice.
• Right to be produced before a Magistrate within 24 hours of arrest (Article 22(2)).
• Right to know grounds of arrest — the accused must be informed immediately.
• Right to a copy of the FIR — the accused is entitled to the FIR and all statements recorded during investigation.

Bail Provisions

• Extortion and criminal intimidation under BNS are non-bailable — bail is discretionary and not a matter of right.
• Anticipatory bail can be filed under Section 482 BNSS before arrest, if the accused apprehends arrest.
• Regular bail is filed under Sections 480 / 483 BNSS after arrest, before the Magistrate or Sessions Court depending on the offence.
• Typical bail conditions include surrendering passport, regular appearance, and not tampering with evidence.
• For serious threats involving forgery or digital evidence manipulation, courts often impose strict conditions or deny bail at initial stages.

Quashing of FIR / Case

The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings. Grounds for quashing include:

• The FIR does not disclose a prima facie offence.
• The complaint is frivolous or vexatious.
• The matter is of a purely civil nature.
• A compromise has been reached (only for compoundable offences — not applicable here).

For victims of extortion, quashing is generally not available because the offence is serious and non-compoundable. The focus should be on prosecution, not dismissal.

If You Are the Victim

• Do not respond to or pay the scammer — block the number immediately.
• Record every call, save SMS and WhatsApp messages, and take screenshots.
• Lodge an FIR at your local police station or file a report on the cyber crime portal.
• Inform your family so they are not scared by follow-up calls.
• Do not post on social media about the threat — it can aggravate the scammer's behavior.

Documents You Must Keep Ready

To support your complaint, gather:

• Call recordings or screenshots of the threatening message.
• Phone number from which the call was received (with date and time).
• Any documents the scammer sent (loan related or otherwise).
• Your Aadhaar card or PAN card as identity proof.
• Your own mobile number and email address.
• A written statement of facts signed by you.
• Any previous police complaint reference numbers, if applicable.

What Evidence Is Required?

• Primary evidence: The actual recording or transcript of the threatening call.
• Secondary evidence: Screenshots of caller ID, SMS, or WhatsApp messages.
• Call detail records (CDRs) from your mobile operator, obtained through police requisition.
• Proof of the number being spoofed or unregistered — your telecom provider's records.
• Any email or social media account details if the threat was sent electronically.
• Witness statement from anyone who overheard the call or saw the communication.

How the Police Behave in Such Cases

Police response varies widely. Some cyber cells are well-equipped and proactive; others treat extortion threats as "low priority." You may face initial hesitation, especially if the threat seems vague. The key is persistence. Have a lawyer accompany you to the station. If the local police refuse, escalate to the SP or cyber crime cell. Do not let the case die — scammers often target multiple victims.

Timeline of Legal Process

• FIR stage: Registration within 1-7 days (with legal pressure if needed).
• Investigation: 2-4 months for call record analysis, IP tracing, and evidence collection.
• Chargesheet filing: Within 60-90 days of arrest; 6-12 months for investigation without arrest.
• Cognizance and trial: 6-18 months depending on court workload.
• Appeal: Additional 1-2 years if conviction is challenged.
• If the scammer is abroad, timelines extend significantly due to mutual legal assistance processes.

How Long Will the Investigation Take?

Realistically, expect 2-6 months for the police to trace the number, retrieve call records, and identify the accused. If the scammer uses VoIP or spoofed international numbers, investigation may take longer — sometimes over a year. Active follow-up with the investigating officer shortens timelines.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Criminal extortion offences under BNS are non-compoundable — you cannot privately settle and withdraw the case. However, if the scammer is caught and expresses remorse, the court may consider leniency at the sentencing stage. For victims, settlement is rarely advisable because it leaves the scammer free to target others. Mediation and Lok Adalat are not applicable for serious criminal matters like extortion.

Common Mistakes People Make

• Paying the scammer even a small amount — this confirms you are a target.
• Not recording the call or saving evidence before blocking the number.
• Lodging a complaint online without also filing a physical FIR — the online portal alone often does not trigger a full investigation.
• Discussing the threat on social media before legal advice — this can give the scammer material to use against you.
• Engaging a lawyer who does not regularly handle cyber crime or extortion matters — domain-specific experience is critical for preserving digital evidence, coordinating with cyber cells, and understanding the IT Act's interplay with BNS provisions.
• Delaying action — scammers erase their digital footprints quickly.

FAQs People Normally Have

• Q: Do I have to go to the police in person?
  A: Yes, for an FIR. However, you can also file a preliminary complaint online at cybercrime.gov.in if immediate physical visit is impossible.
• Q: Can the scammer be traced if he uses a fake number?
  A: Police can use call detail records and IP tracing. It is possible but not guaranteed.
• Q: What if the scammer leaks something anyway?
  A: Immediate legal action for defamation, extortion, and violation of privacy. File a separate FIR and approach the court for an injunction and takedown.
• Q: Will my name be made public?
  A: No. The FIR and court proceedings are confidential. Only the accused and their lawyer see the records.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.