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: Sexting or a consensual video call between two adults is not, by itself, a crime in India. The trouble starts when one side records it without consent, threatens to leak it, or the other person is under eighteen. At that point it becomes extortion, criminal intimidation and a set of offences under the Information Technology Act, 2000.
Karan Bhatia, 34, was bored on a Sunday night in Indore. He opened one of those apps that pair you with a stranger on video within seconds. A friendly chat turned flirtatious, then turned into a call he would rather not describe in open court. He believed both of them were adults. He believed both of them were willing.
Two days later came the message. A screenshot, a short clip, and a demand for money, with a threat to send it to his contact list. He paid once. The demands didn't stop. That, as the Chamber told him later, is usually how this runs.
He first went to a local advocate who treated it as a plain cheating complaint. The application sat at the police station. Weeks passed. Nothing moved. Then he approached the Chamber of Advocate Sudhir Rao.
The office reframed the complaint. This was extortion under Section 308 BNS, criminal intimidation under Section 351 BNS, and separate offences under the Information Technology Act, 2000 for capturing a private image and threatening to publish it. The cyber crime wing was brought in. The demands stopped. Advocate Sudhir Rao
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.