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: Yes, you can and must report this sextortion scam to the police and cyber crime portal immediately. The money sent is often unrecoverable, but criminal action under the Bharatiya Nyaya Sanhita, 2023 for extortion and criminal intimidation can lead to arrest of the perpetrators. Do not negotiate or pay further — block all contact and preserve all evidence.
A young man in his late twenties, Karan Mehta, was reeling from a recent breakup. To distract himself, he joined "Aisle," a popular dating app. He matched with a woman who seemed genuine. For over a week, they chatted on WhatsApp and Instagram. She even acted suspicious of him being fake — classic grooming. They planned a meeting in Nagpur on 12 February 2025.
Then came the trap. She pressured him into a video call. He initially refused, but she insisted. On the call, she was naked — but only for a minute. He didn't know he was being recorded. Soon after, a man called from the same number. Threat.
He had a recording. He showed screenshots of scheduled messages to Karan's Instagram friends. Panic set in. Karan sent ₹20,000. Then more. ₹1,35,000 in total. The scammer kept demanding. Karan finally confided in a friend who contacted the Chamber of Advocate Sudhir Rao.
Earlier attempts to get the police to act had stalled. The office of Advocate Sudhir Rao stepped in, filing a detailed complaint under the new criminal laws. The specialised handling of sextortion cases — tracing the digital footprint and showing courts the pattern of extortion — secured a swift FIR. The police investigation is ongoing. Advocate Sudhir Rao's expertise in cyber extortion cases ensured the complaint was treated seriously and not brushed aside as a personal mistake.
Key Facts of the Case
- The victim met the scammer on the dating app "Aisle," then communicated via WhatsApp and Instagram.
- The scammer induced a brief video call where she was naked — the victim did not record or show himself.
- A male accomplice used the recording to threaten to send it to the victim's Instagram friends.
- The total extorted amount was ₹1,35,000, sent through multiple digital payments under threat.
- The scammer provided "proof" by sharing screenshots of scheduled messages to the victim's contacts.
- The victim preserved WhatsApp chats, payment receipts, and call logs as evidence.
- The scammer's Instagram account was deleted after the crime, but the phone number and payment trail remain traceable.
- The offence is criminal extortion under Section 308 BNS, not a private civil dispute.
The Direct Legal Answer
Can we report this to cyber crime and the police?
Absolutely. This is a textbook case of sextortion — which amounts to criminal extortion under Section 308 of the Bharatiya Nyaya Sanhita, 2023, and criminal intimidation under Section 351 BNS. File a complaint at your local police station and simultaneously on the National Cyber Crime Reporting Portal (cybercrime.gov.in). The cyber crime cell has dedicated teams for online extortion.
Will anything come out of it?
Yes, provided you act fast. The scammer's phone number, payment gateway records, and IP logs can be traced. However, money recovery is difficult once transferred to mule accounts. The criminal case aims at arresting the gang and preventing future crimes.
Should we pay more money?
No. Never pay again. The extortion will not stop — it will escalate. Scammers often return pretending to be police or lawyers demanding more. Block all numbers. Save everything.
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 confront the scammer yourself. Do not share any more personal information. Tell a trusted family member or friend — shame is the extortionist's biggest weapon, and breaking that silence disarms them. This matter involves nuanced digital evidence and procedural steps under BNSS 2023 that a general practitioner may not handle effectively. An advocate who regularly deals with cyber crime and extortion cases can navigate these complexities far better.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita, 2023 (BNS):
- Section 308 BNS — Extortion: obtaining property or valuable security from a person by putting them in fear of injury. Punishable with imprisonment up to 7 years and fine.
- Section 351 BNS — Criminal Intimidation: threatening another with injury to their reputation, causing alarm. Punishable with imprisonment up to 2 years or fine or both.
- Section 319 BNS — Cheating by personation using computer resource, applicable to the fake profile created on the dating app.
Punishment and Penalties
- Section 308 BNS (Extortion): Imprisonment up to 7 years, fine. Non-bailable, cognizable, and compoundable.
- Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, fine, or both. Bailable, cognizable depending on circumstances, non-compoundable.
- Section 319 BNS (Cheating by personation): Imprisonment up to 3 years and fine.
- In sextortion cases, courts often impose maximum penalties when multiple victims and organised gangs are involved.
Jurisdiction — Where to File the Case
For cyber crime, the victim can file a complaint at the police station having jurisdiction over the place where the victim resides or was when the threat was received (Section 173 BNSS). Alternatively, the National Cyber Crime Reporting Portal accepts complaints from anywhere in India. The Magistrate court in that jurisdiction will take cognizance after the police file a chargesheet. Jurisdiction matters because the trial occurs in the court where the complaint is lodged.
What if Police Refuse to File FIR?
If the local police refuse to register the FIR:
- Approach the Superintendent of Police under Section 173(4) of the BNSS, 2023, who can order the police to register the FIR.
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS, who can direct investigation.
- Approach the High Court via writ petition under Article 226 if the above fail.
- Send a written complaint by registered post to the police station — the police must enter it in the daily diary and act on it.
Rights of the Accused
Even in sextortion cases, the accused has rights:
- Right to remain silent under Article 20(3) of the Constitution — no one can be compelled to be a witness against themselves.
- Right to legal representation under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a free copy of the FIR and to know the grounds of arrest.
- Right to bail if the offence is bailable or on conditions if non-bailable.
Bail Provisions
Extortion under Section 308 BNS is non-bailable. The accused must apply for regular bail under Section 480 BNSS before the Sessions Court. Anticipatory bail can be sought under Section 482 BNSS if the accused apprehends arrest. Courts often grant bail to first-time offenders without a criminal history of organised extortion, but the prosecution can oppose it by showing the threat of tampering with digital evidence. A lawyer experienced in cyber crime bail matters can argue effectively to get the victim protected and the accused in custody.
Quashing of FIR / Case
The accused may seek quashing of the FIR under Section 528 BNSS (the High Court's inherent power). Grounds include:
- The FIR does not disclose a prima facie offence.
- The matter is a civil dispute dressed as a criminal case.
- The parties have compromised and the offence is compoundable — but extortion is non-compoundable, so this rarely applies.
- Abuse of process of law, e.g., false implication. For sextortion, quashing is very difficult as the evidence often shows clear extortion.
If You Are the Victim
- Stop all communication with the scammer immediately. Do not respond to threats.
- Do not pay any more money — paying fuels the extortion cycle.
- Preserve every piece of evidence: call recordings, chats, screenshots, payment receipts, and profile screenshots.
- Report the profile on the dating app and write a review warning others.
- File a police complaint and a cyber crime portal report within 48 hours for best results.
Documents You Must Keep Ready
- Aadhaar card and PAN card for identity proof.
- WhatsApp chat export (full) showing the conversation and threats.
- Instagram profile screenshots (even if deleted — show username and profile details).
- Bank transaction receipts or UPI payment screenshots showing amounts sent.
- Call log records from the scammer's number.
- Screenshots of any scheduled message proofs shared by the scammer.
- Dating app profile screenshots and match details.
What Evidence Is Required?
- Digital evidence: WhatsApp chats, call logs, video call timestamps — this is primary evidence.
- Forensic reports: if available, the police cyber cell can extract metadata from the scammer's number.
- Payment trail: bank statements, UPI transaction IDs, payment gateway records — traces the extorted money.
- Social media evidence: screenshots of scammer's profile and any interaction.
- Witness testimony: the friend who was told about the extortion can corroborate the timeline.
- Any communication from the scammer post-payment, including threats to share videos.
How the Police Behave in Such Cases
Police are increasingly trained for sextortion cases under the new BNS regime. Initially, they may ask why the victim engaged in the video call — this is victim-blaming. A knowledgeable lawyer can counter this by arguing that the victim's consent to a private call does not justify extortion. The cyber crime cell usually takes over the digital investigation. However, delays can happen if the victim is hesitant or the local station is inexperienced. Domain-specific legal representation ensures the complaint is pushed through firmly.
Timeline of Legal Process
- Day 1-3: Police complaint filed, FIR registered, and investigation begins.
- Week 1-4: Digital forensics — tracing IP addresses, payment gateways, and mobile numbers. Arrest of accused if traced.
- Month 1-3: Chargesheet filing under Section 309 BNSS, if enough evidence collected.
- Month 3-6: Cognizance by Magistrate, framing of charges, and start of trial.
- Month 6-12: Trial — prosecution evidence, cross-examination of witnesses.
- Month 12-18: Judgment and appeal if needed. Timelines vary significantly by court workload.
How Long Will the Investigation Take?
The investigation for sextortion cases under BNSS typically takes 60 to 90 days for the chargesheet. If the accused is not traced, the police may file a closure report. However, with digital footprints (phone numbers, payment accounts), many gangs are traced within weeks. A lawyer's proactive follow-up can prevent the case from going cold.
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?
Sextortion is a criminal offence. Extortion under Section 308 BNS is compoundable — meaning the victim and accused can settle with court permission. But in organised sextortion, settlement is rarely advisable because it leaves the gang free to target others. The court may still require the accused to face trial for non-compoundable parts like criminal intimidation. A settlement that involves return of money and an apology is possible, but a lawyer should assess the risks. Do not negotiate directly with the scammer — that often leads to more extortion.
Common Mistakes People Make
- Paying the extortion amount quickly, thinking it will end the matter — it never does.
- Deleting the scammer's messages or chats out of shame, destroying critical evidence.
- Not reporting immediately to police or cyber crime, allowing the scammer to escape.
- Engaging a lawyer who does not handle cyber crime cases regularly — sextortion involves specific digital evidence and BNSS procedures that general practitioners often mishandle, weakening the case.
- Trying to confront or threaten the scammer themselves, which may escalate the situation.
- Sharing the matter on social media without legal counsel, potentially alerting the accused.
FAQs People Normally Have
Will the video actually be leaked if I don't pay?
In most cases, the scammer's goal is money — leaking the video removes their leverage. However, some do leak it if the victim resists. The safest approach is to report to cyber crime and freeze your social media accounts temporarily. Threatening to share may itself be a crime under Section 351 BNS.
Can I recover the ₹1,35,000 I already paid?
Money recovery is difficult but not impossible. The cyber crime cell can freeze mule accounts if you report within hours of payment. After that, it becomes a criminal prosecution, and the court may order restitution upon conviction. Civil recovery through a separate suit is possible but expensive.
Will my identity be protected?
Yes. Courts often mask the victim's identity in sextortion cases under Section 228A of the BSA (Bharatiya Sakshya Adhiniyam, 2023). The police also keep the complaint confidential. However, the accused will know the name of the complainant as part of the judicial process.
Should I tell my family and friends?
It is advisable to tell at least one trusted person. The scammer exploits isolation. A support system helps you act rationally and prevents further extortion. Many victims hide the incident, leading to repeated victimisation.
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 Delhi criminal defence lawyer — 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.