Online Blackmail and Sextortion in India — What to Do When Someone Threatens to Expose You

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.

Rohan Gupta, a second-year engineering student from Indore, came across a profile while playing an online multiplayer game in late February 2025. The person on the other end had an attractive display picture and quickly shifted their conversation to a private chat, exchanging phone numbers. What followed was a series of flirtatious messages, and the individual began sending photos, encouraging Rohan to reciprocate. He did — without showing his face — believing the exchange was private and consensual.

Within days, the other person revealed they were a man running a deliberate honeytrap scheme. He had screenshots of the entire chat and copies of every photo Rohan had shared. He had also somehow obtained Rohan's full name, his father's name, and details about his college. The threats began immediately: pay up, or everything gets sent to his family and college authorities. Rohan panicked, blocked the number, and spent two weeks trying to handle it on his own — reaching out to a local lawyer who had little experience with cyber extortion matters and got no meaningful traction.

A family friend suggested he approach Advocate Sudhir Rao's office. The matter was assessed carefully. A formal complaint was prepared for the Cyber Crime Police Station in Indore, supported by preserved digital evidence. Simultaneously, a legal notice was drafted. The specialised approach — grounded in procedural knowledge of cyber crime investigations and the correct BNS provisions — led to the police registering the FIR promptly and the accused going silent within weeks. Rohan did not pay a single rupee.

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 pay the blackmailer. This is the single most consistent mistake victims make. Payment doesn't end the threat. It just confirms to the extortionist that you're vulnerable and you'll pay again. Cut all contact. Don't transfer a single rupee.

Preserve all evidence immediately. Screenshot every message, every threat, every profile. Write down phone numbers, usernames, any other identifiers you can find. Don't delete the chats — even if every instinct tells you to wipe them off your phone. That digital trail is your primary evidence, and you'll need it.

File a complaint with the Cyber Crime Police. You can report at your nearest Cyber Crime Police Station or online at cybercrime.gov.in. Act fast. Delays give the accused more time to act, and they complicate the investigation in ways that are genuinely hard to undo later.

Cases involving online sextortion and digital blackmail carry procedural and evidentiary dimensions that a general practice advocate won't always be equipped to handle — from digital evidence preservation standards to the correct application of BNS and IT Act provisions. Frankly, engaging an advocate with specific experience in cyber crime matters typically results in faster police action and a sharper legal strategy than going in without that background.

Applicable Sections of Law

This case falls squarely under criminal law, engaging both the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000 (IT Act):

• Section 308 BNS (Extortion): Putting a person in fear of injury or reputational harm to dishonestly induce them to deliver any property or valuable security is extortion. Online blackmail for money fits precisely here.
• Section 351 BNS (Criminal Intimidation): Threatening to expose private information to cause alarm and force compliance constitutes criminal intimidation.
• Section 318 BNS (Cheating): The accused deliberately misrepresented identity — posing as a woman — to induce the victim into sharing private content. This is cheating by deception.
• Section 67A of the Information Technology Act, 2000: Publishing or transmitting material containing sexually explicit content in electronic form is punishable under this provision. Where the accused threatens to publish such material, this section applies directly.

Punishment and Penalties

• Section 308 BNS (Extortion): Imprisonment up to three years, or fine, or both. Where extortion is committed by putting a person in fear of death or grievous hurt, imprisonment may extend to ten years with fine.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. Where the threat is of grievous injury or death, imprisonment may extend to seven years.
• Section 318 BNS (Cheating): Imprisonment up to three years, or fine, or both. Cheating and dishonestly inducing delivery of property carries up to seven years and fine.
• Section 67A IT Act: First conviction — imprisonment up to five years and fine up to ten lakh rupees. Second conviction — imprisonment up to seven years and fine up to ten lakh rupees.
• Offences under Section 308 and 351 BNS are cognizable and non-bailable. Offences under Section 318 BNS are cognizable.

Jurisdiction — Where to File the Case

For online blackmail and sextortion, the FIR can be filed at the Cyber Crime Police Station having jurisdiction over the area where the victim resides or where the offence was received (i.e., where the threatening messages were received). In Rohan's case, this was Indore. And here's the thing — you can also file at any Cyber Crime Police Station across India via the National Cybercrime Reporting Portal (cybercrime.gov.in). Jurisdiction for cyber crimes is deliberately broad, as established in cases like Shibu Kochumamen v. State of Kerala, 2021, which affirmed that territorial jurisdiction in cyber offences extends to where the effect of the crime is felt. Trial will typically be before the Judicial Magistrate First Class or Chief Judicial Magistrate of the relevant district.

What if Police Refuse to File FIR?

Some police stations still hesitate with cyber crime complaints, particularly when the victim is embarrassed about the underlying facts. It happens more often than it should. But the law gives you options:

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, demanding that the FIR be registered.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct police to investigate and report.
• File a complaint on the National Cybercrime Reporting Portal (cybercrime.gov.in) — this creates a timestamped digital record and often prompts faster local police action.
• As a last resort, approach the High Court by filing a writ petition under Article 226 of the Constitution, seeking a direction to police to register and investigate the FIR. Courts have consistently ordered this — see Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of FIR is mandatory for cognizable offences.

Rights of the Accused

If, in an unusual turn, the victim is also made to appear as a suspect (which sometimes happens in these cases), here are the rights that apply:

• Right against self-incrimination under Article 20(3) of the Constitution — no person can be compelled to be a witness against themselves.
• Right to legal representation under Article 22 of the Constitution — you are entitled to an advocate of your choice at the time of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest under Section 58 BNSS.
• Right to receive a copy of the FIR and to be informed of the grounds of arrest under Section 47 BNSS.
• Right to inform a family member or friend of the arrest without delay under Section 48 BNSS.

Bail Provisions

Offences under Section 308 BNS (extortion) are non-bailable. The accused can't walk up to the police station and claim bail as a matter of right — they have to go before the Magistrate or Sessions Court and make the case for it.

• Regular Bail: Applicable under Section 480 BNSS. The court considers the nature of the offence, criminal antecedents, and likelihood of flight risk or tampering with evidence.
• Anticipatory Bail: If the accused apprehends arrest, they can apply under Section 482 BNSS before the Sessions Court or High Court.
• Typical conditions include surrender of passport, periodic reporting to police station, and prohibition on contacting the victim or witnesses.
• In sextortion cases, courts are increasingly reluctant to grant anticipatory bail quickly — especially where digital evidence of threats exists — as seen in Arnesh Kumar v. State of Bihar, 2014, which guides arrest and bail in cognizable offences.

Quashing of FIR / Case

Quashing is relevant here primarily from the accused's perspective, but victims should know how it works. Under Section 528 BNSS, the High Court has inherent powers to quash an FIR where no prima facie offence is made out, or where the complaint is an abuse of process. But in genuine sextortion cases, quashing petitions by the accused are generally dismissed. Courts have consistently held in cases like State of Haryana v. Bhajan Lal, 1992 that where a cognizable offence is clearly disclosed, quashing is not warranted. If a compromise is reached between parties, the court may consider quashing on that basis for compoundable components of the case.

If You Are the Victim

• Stop all communication with the blackmailer immediately. Don't negotiate, don't plead, don't engage — every response gives them more material and confidence.
• Screenshot and save every piece of evidence: messages, call logs, profile photos, usernames, payment demands, and any information the accused revealed about themselves.
• File a complaint at the Cyber Crime Police Station or on cybercrime.gov.in without delay. Time is critical — IP addresses and digital traces can be recovered quickly if police act fast.
• Inform a trusted adult or family member. The shame and secrecy that blackmailers count on is their real leverage. Removing that secrecy significantly weakens the threat.
• Do not pay. Not once. Payment proves you will comply and typically escalates the demands, not ends them.

Documents You Must Keep Ready

• Aadhaar Card and PAN Card (identity proof of the complainant)
• Screenshots of all threatening messages and chats
• Screen recordings or videos of the threatening communications
• Phone numbers, usernames, game IDs, and any social media handles of the accused
• Any payment demands — screenshots of UPI IDs, bank account numbers, or crypto wallet addresses shared by the accused
• Email headers or metadata if threats were sent via email
• A written chronological account of events — dates, what was said, what was shared, and when the threats began
• College ID or any document establishing your institutional affiliation if the accused threatened to contact your college

What Evidence Is Required?

• Digital chat records: Screenshots and backups of all conversations, preserved with timestamps intact. These are primary evidence.
• Call detail records (CDR): Can be obtained through the investigating officer — confirms contact between the accused and victim.
• IP address logs: If the platform was an app or website, IP address data obtained through the platform (via legal process) can identify the accused's location.
• Device forensics: If the accused's device is seized, a forensic examination can recover deleted messages and photos.
• Platform data: Game servers, messaging apps, and social media platforms maintain server-side logs that investigators can access through formal requests.
• Witness testimony: If the accused approached any third parties (classmates, family members), their statements are secondary but useful corroborative evidence.

How the Police Behave in Such Cases

Cyber crime cells across India have improved significantly, but experience varies by city. Make no mistake — in sextortion cases, some officers may initially express reluctance due to the sensitive nature of the content shared. Victims sometimes face unwanted moralising at the police station. And here's the thing: a well-drafted complaint, framed around clear BNS provisions and supported by organised digital evidence, makes it far harder for police to deflect. Specialised cyber crime units in cities like Indore, Pune, and Bengaluru tend to act faster when the complaint is legally precise. Having an advocate communicate formally with the station often changes the tone of the investigation considerably.

Timeline of Legal Process

• Day 1-3: File complaint with Cyber Crime Police. FIR registered (or escalated if refused). Duration: immediate to 3 days with legal assistance.
• Week 1-4: Police investigation begins — phone number tracing, IP address data requests, platform data requests. Duration: 2-4 weeks typically.
• Month 1-3: Accused identified and possibly arrested. Remand proceedings before Magistrate. Duration: 1-3 months depending on cooperation of platforms and telecom providers.
• Month 3-6: Chargesheet filed

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.